The unexpected copyright component is known as the "RAM Copy Doctrine". If I recall correctly, MAI v. Peak [0] was the case that established that, and it has be

The unexpected copyright component is known as the "RAM Copy Doctrine". If I recall correctly, MAI v. Peak [0] was the case that established that, and it has been referenced in web scraping cases many times since. RAM Copy Doctrine is the digital equivalent of stating that a new infringing copy of the work is created every time someone looks at something without a license from the rightsholder, since it creates a "fixed" copy in the retina. Effectively, this neuters Feist v. Rural Telephone [1] for online purposes, because you can't use a computer to "look at" the source material in order to reference it's non-copyrightable facts. The computer formatting that encapsulates unoriginal, Feist-style data almost automatically meets the standard of originality necessary to constitute a copyrightable work (e.g., document structure like XML tags or JSON layout), so under the RAM Copy Doctrine, just loading that small shell into RAM for any purpose, even if it's just to read out non-copyrightable facts, may well constitute infringement. This argument has worked against many scrapers. And of course, under the CFAA, speaking to their servers without explicit permission is of dubious legality, and continuing to speak to their servers after being told to stop is certainly illegal. In most cases, both of these arguments are brought and both arguments are considered persuasive. Eric Goldman's blog [2] usually does a decent job following cases that involve the CFAA and/or web scraping, IMO. Legal threats along this axis are apparently so frequent that Goldman set up a form letter telling people that he can't answer their legal questions. [3] I am not a lawyer. [0] https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Computer,_Inc https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Comp.... [1] https://www.casebriefs.com/blog/law/property/property-law-keyed-to-singer/intellectual-property/feist-v-rural-telephone-service-co/ https://www.casebriefs.com/blog/law/property/property-law-ke... [2] http://blog.ericgoldman.org/ http://blog.ericgoldman.org/ [3] http://blog.ericgoldman.org/personal/archives/2014/02/why-i-no-longer-respond-to-unsolicited-inquiries-about-legal-matters.html http://blog.ericgoldman.org/personal/archives/2014/02/why-i-...