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Intent matters. If Alice's archive gets no traffic, and Roger's recruiting firm does 40% of their business using Alice's data, and Alice and Roger get dinner t
by trjordan 10y ago
Intent matters.
If Alice's archive gets no traffic, and Roger's recruiting firm does 40% of their business using Alice's data, and Alice and Roger get dinner together every week, Alice seems to be doing something wrong.
Even on his own, Roger is still scraping Github. The defense "It wasn't me, it was the Python program that was in the wrong!" is just as ludicrous as trying to hide behind the fact that Alice's archive is scraping the site itself. They're putting limitations on the information, not limitations on how computers are allowed to talk to each other.
http://ansuz.sooke.bc.ca/entry/23 http://ansuz.sooke.bc.ca/entry/23
- mfukar 10y agoBut how can GH establish intent? Legally it's unenforceable (good luck getting an answer from my lawyer), practically it's irrelevant (I will archive this data now, maybe in the future I will be convinced that selling them is ethical), etc. Sure, in hindsight, it'll all be obvious..
- trjordan 10y agoThe only time it'll be tested is in hindsight. If you scrape the data and put it on your laptop, they don't really care. If you then sell the data, they can come after you for breach of service. They're not trying to keep you from scraping, they're trying to keep you from using the data in ways that would be distasteful to their users.