There have been a number of cases where websites have brought breach of contract claims against data scrapers (Southwest Airlines Co. v. Roundpipe, LLC, No. 18-0033 (N.D. Tex. Mar. 22, 2019); CouponCabin, Inc. v. PriceTrace, LLC, No. 18-7525 (N.D. Ill. Apr. 11, 2019); Int’l Council of Shopping Ctrs., Inc. v. Info Quarter, LLC, No. 17-5526 (S.D.N.Y. May 7, 2019)).
The key to those breach of contract claims was that the data scrapers were aware of the website's terms of use and those terms of use prohibited data scraping.
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