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> Scraping is copying, which is an exclusive privilege of the copyright owner under copyright. Is it necessarily copying in a sense that is different from how
by boomlinde 9y ago
> Scraping is copying, which is an exclusive privilege of the copyright owner under copyright.
Is it necessarily copying in a sense that is different from how a web browser acquires the resource to render it? For example, scraping data to derive some non-protected facts could be considered consumption in the same sense a human reading it via a client would, and doesn't require storing a copy any more permanently than a browser.
Intent is probably a lot more important, legally, than the fact that you are technically copying something simply by "accessing" it in a browser. If you are scraping with the intent to extract and copy the copyright protected content, sure, that's a good point, but that's by no means the only use of scraping.
Personally, and I understand that this isn't how it works legally, I think that the contract is implied by the protocol. I request copies of information by means of HTTP. If the distributor doesn't want me to have a copy, they can choose not to respond with a copy. I never make a copy in that case: the server is, hence I have not reproduced the work. It's not me taking a book to a photocopier, it's me calling the publisher and asking them to send me a copy of page 237.
- dragonwriter 9y ago> Is it necessarily copying in a sense that is different from how a web browser acquires the resource to render it? It's different in purpose of not mechanism, and insofar as there is an implicit license to copy in a browser for display, it is another step to establish that such a license extends to other purposes even if the mechanism is the same. Also not that the existence and scope of implied license can be affected by the presence and terms of an explicit license, which is one reason you might want to read the T&C prior to scraping.
- boomlinde 9y agoSo if I (for example) scrape a website just to count words, have I made a copy, in purpose? I have no interest in making a copy, rather I am analyzing the content to derive an unprotectable fact. The host made a copy of the information for me so that I could. Also, the validity of a set of T&C that I didn't explicitly agree to and likely never read is dubious, inconsistently enforcable at best.