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  4. Scraping data from websites is not hacking or a crime, rules Appeals Court in US

Scraping data from websites is not hacking or a crime, rules Appeals Court in US

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  • K Kent Sharkey

    Neowin[^]:

    The Ninth Circuit Court of Appeals may have set an important precedent in the tech world. The court has essentially concluded that “Data Scraping” is not hacking.

    Breaking news: Sanity prevails.

    N Offline
    N Offline
    Nelek
    wrote on last edited by
    #2

    Kent Sharkey wrote:

    Breaking news: Sanity prevails.

    Are you sure? Looking at what politicians are doing or trying to do in many countries regarding Net and Data... :doh: :sigh:

    M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

    K 1 Reply Last reply
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    • N Nelek

      Kent Sharkey wrote:

      Breaking news: Sanity prevails.

      Are you sure? Looking at what politicians are doing or trying to do in many countries regarding Net and Data... :doh: :sigh:

      M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

      K Offline
      K Offline
      Kent Sharkey
      wrote on last edited by
      #3

      I'd rather cheer for one tiny sane step and ignore all the negative :)

      TTFN - Kent

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      • K Kent Sharkey

        I'd rather cheer for one tiny sane step and ignore all the negative :)

        TTFN - Kent

        N Offline
        N Offline
        Nelek
        wrote on last edited by
        #4

        I like your optimism... :thumbsup: Be careful, some people could confuse it with naivety :rolleyes: ;P :-D

        M.D.V. ;) If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about? Help me to understand what I'm saying, and I'll explain it better to you Rating helpful answers is nice, but saying thanks can be even nicer.

        1 Reply Last reply
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        • K Kent Sharkey

          I'd rather cheer for one tiny sane step and ignore all the negative :)

          TTFN - Kent

          M Offline
          M Offline
          MarkTJohnson
          wrote on last edited by
          #5

          Otherwise, couldn't just looking at a web page be considered data scraping? My eyes took information off the screen and into my brain. If you display it in public, I'm thinking it's fair game. Unless of course, you copyright every single web page.

          I’ve given up trying to be calm. However, I am open to feeling slightly less agitated.

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          • K Kent Sharkey

            Neowin[^]:

            The Ninth Circuit Court of Appeals may have set an important precedent in the tech world. The court has essentially concluded that “Data Scraping” is not hacking.

            Breaking news: Sanity prevails.

            D Offline
            D Offline
            Daniel Pfeffer
            wrote on last edited by
            #6

            Kent Sharkey wrote:

            Sanity prevails.

            And on the Left Coast, too! :wtf:

            Freedom is the freedom to say that two plus two make four. If that is granted, all else follows. -- 6079 Smith W.

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            • M MarkTJohnson

              Otherwise, couldn't just looking at a web page be considered data scraping? My eyes took information off the screen and into my brain. If you display it in public, I'm thinking it's fair game. Unless of course, you copyright every single web page.

              I’ve given up trying to be calm. However, I am open to feeling slightly less agitated.

              D Offline
              D Offline
              Daniel Pfeffer
              wrote on last edited by
              #7

              1. I think that the issue is one of quantity. There is no way that your Mk. 1 brain + eyeballs can reliably "scrape" a significant amount of data from a site like LinkedIn. At least, not enough for you to open a competing service. 2. If you look at the tiny print at the bottom of many Internet pages, you will find a copyright.

              Freedom is the freedom to say that two plus two make four. If that is granted, all else follows. -- 6079 Smith W.

              Greg UtasG 1 Reply Last reply
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              • K Kent Sharkey

                Neowin[^]:

                The Ninth Circuit Court of Appeals may have set an important precedent in the tech world. The court has essentially concluded that “Data Scraping” is not hacking.

                Breaking news: Sanity prevails.

                D Offline
                D Offline
                Daniel Pfeffer
                wrote on last edited by
                #8

                Kent Sharkey wrote:

                Sanity prevails.

                And on the Left Coast, too! :wtf:

                Freedom is the freedom to say that two plus two make four. If that is granted, all else follows. -- 6079 Smith W.

                1 Reply Last reply
                0
                • D Daniel Pfeffer

                  1. I think that the issue is one of quantity. There is no way that your Mk. 1 brain + eyeballs can reliably "scrape" a significant amount of data from a site like LinkedIn. At least, not enough for you to open a competing service. 2. If you look at the tiny print at the bottom of many Internet pages, you will find a copyright.

                  Freedom is the freedom to say that two plus two make four. If that is granted, all else follows. -- 6079 Smith W.

                  Greg UtasG Offline
                  Greg UtasG Offline
                  Greg Utas
                  wrote on last edited by
                  #9

                  #1 would preclude the use of technology to add value to any legal activity. #2 would be a way to prevent it, but the question is whether the contents can be protected by copyright, which usually covers an original work. I doubt that a LinkedIn profile, for example, qualifies. Probably the easiest way to do this is to only display the data to logged in accounts. And when opening an account, to have the user agreement include a prohibition on scraping.

                  Robust Services Core | Software Techniques for Lemmings | Articles
                  The fox knows many things, but the hedgehog knows one big thing.

                  <p><a href="https://github.com/GregUtas/robust-services-core/blob/master/README.md">Robust Services Core</a>
                  <em>The fox knows many things, but the hedgehog knows one big thing.</em></p>

                  D 1 Reply Last reply
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                  • Greg UtasG Greg Utas

                    #1 would preclude the use of technology to add value to any legal activity. #2 would be a way to prevent it, but the question is whether the contents can be protected by copyright, which usually covers an original work. I doubt that a LinkedIn profile, for example, qualifies. Probably the easiest way to do this is to only display the data to logged in accounts. And when opening an account, to have the user agreement include a prohibition on scraping.

                    Robust Services Core | Software Techniques for Lemmings | Articles
                    The fox knows many things, but the hedgehog knows one big thing.

                    D Offline
                    D Offline
                    Daniel Pfeffer
                    wrote on last edited by
                    #10

                    Greg Utas wrote:

                    Probably the easiest way to do this is to only display the data to logged in accounts.

                    As I understand it, part of the problem is that LinkedIn wanted to have their cake and eat it - both be indexable by Google, and disallow "scraping". Google will not index data behind paywalls, password protection, etc.

                    Freedom is the freedom to say that two plus two make four. If that is granted, all else follows. -- 6079 Smith W.

                    1 Reply Last reply
                    0
                    • K Kent Sharkey

                      Neowin[^]:

                      The Ninth Circuit Court of Appeals may have set an important precedent in the tech world. The court has essentially concluded that “Data Scraping” is not hacking.

                      Breaking news: Sanity prevails.

                      D Offline
                      D Offline
                      Dan Neely
                      wrote on last edited by
                      #11

                      Kent Sharkey wrote:

                      Breaking news: Sanity prevails.

                      Disagree. Scraping not being a crime was the right call, but keeping the injunction saying MS isn't allowed to attempt to block it insane.

                      Ars Technica[^]

                      The ruling by the US Court of Appeals for the Ninth Circuit drew a distinction between data that is password-protected and data that is publicly available. That means hiQ Labs—a data analytics company that uses automated technology to scrape information from public LinkedIn profiles—can continue accessing LinkedIn data, a three-judge panel at the appeals court ruled:

                      Did you ever see history portrayed as an old man with a wise brow and pulseless heart, weighing all things in the balance of reason? Is not rather the genius of history like an eternal, imploring maiden, full of fire, with a burning heart and flaming soul, humanly warm and humanly beautiful? --Zachris Topelius

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                      • D Dan Neely

                        Kent Sharkey wrote:

                        Breaking news: Sanity prevails.

                        Disagree. Scraping not being a crime was the right call, but keeping the injunction saying MS isn't allowed to attempt to block it insane.

                        Ars Technica[^]

                        The ruling by the US Court of Appeals for the Ninth Circuit drew a distinction between data that is password-protected and data that is publicly available. That means hiQ Labs—a data analytics company that uses automated technology to scrape information from public LinkedIn profiles—can continue accessing LinkedIn data, a three-judge panel at the appeals court ruled:

                        Did you ever see history portrayed as an old man with a wise brow and pulseless heart, weighing all things in the balance of reason? Is not rather the genius of history like an eternal, imploring maiden, full of fire, with a burning heart and flaming soul, humanly warm and humanly beautiful? --Zachris Topelius

                        M Offline
                        M Offline
                        Matias Lopez
                        wrote on last edited by
                        #12

                        "Disagree. Scraping not being a crime was the right call, but keeping the injunction saying MS isn't allowed to attempt to block it insane." Yes, IMHO I think it's a gray way (not black, but not white too), and sources can allow/deny scraping...

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