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It may depend on how you use the data — for instance, publicly sharing what you scraped is a clear copyright violation in many cases. And in some cases scrapin
by gshdg 7y ago
It may depend on how you use the data — for instance, publicly sharing what you scraped is a clear copyright violation in many cases.
And in some cases scraping is a violation of ToS. (Though who knows whether that’s ever been litigated as enforceable.)
- malshe 7y agoThanks for pointing out the ToS. Does the ToS apply even when someone is not logged in to an account?
- gshdg 7y agoAsk a lawyer? Many are written as if they do; how enforceable that is is beyond my knowledge.
- cookiecaper 7y agoIt depends, but in general, yes, it can be made to apply with a small amount of well-placed boilerplate language. It's called either "clickwrap" or "linkwrap" depending on the way it's presented. See Nguyen v. Barnes and Noble at https://en.wikipedia.org/wiki/Nguyen_v._Barnes_%26_Noble,_Inc https://en.wikipedia.org/wiki/Nguyen_v._Barnes_%26_Noble,_In.... for a recent example that represented a loosening of precedent by ruling that the ToS was not enforceable because the user did not receive adequate notice. If B&N had placed their disclaimer in a place where the user was more likely to see it, they would've been fine.
- alkonaut 7y agoToS presumably only applies to those that have seen them. So if you want to put data behind ToS you need to show them and be able to demonstrate that the user had seen them such as having users log in, and accept ToS at registration. It would be extremely surprising to learn otherwise, for example that there is a jurisdiction in which site users are bound by terms they can only find by actively looking for them on the site.