University of Illinois at Urbana-Champaign, College of Law
Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access to information with copyright law providing the background rules on use of that information.
Common Law and Statutory Restrictions on Access: Contract, Trespass, and the Computer Fraud and Abuse Act
University of Illinois Journal of Law, Technology & Policy
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1530