4 ms·

I mean the guy scraped their site and created a competitor. If I add content to a site, I’m for sure not transitioning ownership to them, but I’m also not givin

by hklgny 6y ago

I mean the guy scraped their site and created a competitor. If I add content to a site, I’m for sure not transitioning ownership to them, but I’m also not giving everyone else in the world permission to take it and use it anywhere they want.

spacemanmatt 6y ago
Legal precedent suggests you are probably granting the public access to take it and use it any way they want. Via https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn > Ultimately, the Ninth Circuit's affirmation of the district court's grant of the preliminary injunction prohibited LinkedIn from denying hiQ access to publicly available data on public LinkedIn users' profiles.
- MereInterest 6y ago
  Also, a dataset itself is not a creative work and is not entitled to copyright protections. The particular presentation of a dataset may be, but not the dataset itself. https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R....
  - hklgny 6y ago
    Fascinating, thanks to you both for the links. I’m wondering why companies like Yelp and the realtor association have been so effective at maintaining data ownership if this is the case.
    - pessimizer 6y ago
      Massive efforts using obfuscation, spurious lawsuits, lobbying, and buying up competitors. Only speaking about the NAR, but as a past insider. The NAR only exists because of lobbying to create laws at the state and local that institutionalize themselves as the only legitimate real estate agents, or over-specify the qualifications for being a real estate agent until they are only satisfiable by being a member of the NAR. If all fails, access to MLSes prevents any rebellions below a certain size - the vast majority of Realtors® make no money, and losing MLS access is not an option. In order to create your own MLS, you'd have to pull an Aaron Swartz and get away with it before being cut off (which is probably the main reason why MLSes are a federation rather than a single system), or slightly more realistically get a bunch of no-money making Realtors® on your side and pull an Alexandra Elbakyan with their credentials. The problem with the latter would be that the listings turn over a lot more often than scholarly papers, and you'd have to deal with de-listing.

by hklgny 6y ago

spacemanmatt 6y ago

Legal precedent suggests you are probably granting the public access to take it and use it any way they want. Via https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn > Ultimately, the Ninth Circuit's affirmation of the district court's grant of the preliminary injunction prohibited LinkedIn from denying hiQ access to publicly available data on public LinkedIn users' profiles.

MereInterest 6y ago
Also, a dataset itself is not a creative work and is not entitled to copyright protections. The particular presentation of a dataset may be, but not the dataset itself. https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R....
- hklgny 6y ago
  Fascinating, thanks to you both for the links. I’m wondering why companies like Yelp and the realtor association have been so effective at maintaining data ownership if this is the case.
  - pessimizer 6y ago
    Massive efforts using obfuscation, spurious lawsuits, lobbying, and buying up competitors. Only speaking about the NAR, but as a past insider. The NAR only exists because of lobbying to create laws at the state and local that institutionalize themselves as the only legitimate real estate agents, or over-specify the qualifications for being a real estate agent until they are only satisfiable by being a member of the NAR. If all fails, access to MLSes prevents any rebellions below a certain size - the vast majority of Realtors® make no money, and losing MLS access is not an option. In order to create your own MLS, you'd have to pull an Aaron Swartz and get away with it before being cut off (which is probably the main reason why MLSes are a federation rather than a single system), or slightly more realistically get a bunch of no-money making Realtors® on your side and pull an Alexandra Elbakyan with their credentials. The problem with the latter would be that the listings turn over a lot more often than scholarly papers, and you'd have to deal with de-listing.