As ‘scraping’—the practice of gathering information from Web sites by automated means—becomes more common, courts struggle to find the right legal theories by which to assess it.

The buyer of a used book at a garage sale can be confident that she has the right to dispose of it as she pleases—give it to a friend, or sell it online—free of restrictions imposed by the copyright owner. That is thanks to the “first sale” doctrine codified in §109 of the Copyright Act, which provides that the owner of a particular copy of a copyrighted work—here the book—does not violate the exclusive right of distribution by selling that copy.

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