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I guess my followup with that would be this: What if the user is submitting content that they would very clearly want re-distributed? I guess my question with

I guess my followup with that would be this: What if the user is submitting content that they would very clearly want re-distributed? I guess my question with that is, if you take the end-user who is submitting the content out of the equation, does the site that is being scraped from have any kind of leg to stand on if they don't want you scraping their content (excluding technical means that they might implement), assuming that the site being scraped from does not force their end-user who is submitting the content to agree that the site that they are submitting the content to "owns" the content, once it is submitted?

tstegart 18y ago
The myspace suicide case really muddles this and makes it a problem. If the site you want to scrape from has TOS that say you can't re-use the info, (and it most likely would), then re-using the info would be a violation of the terms of service. Basically, in the MySpace case the feds are trying to make it a crime to violate a website's terms of service. But like someone else said, if someone wants their content distributed, the user is not going to give you any trouble, and if they do, you're very protected if you take the offended material down right away, as someone else mentioned. The website you're stealing from does have legal measures they can take, especially if you're directly competing with them. I think someone else mentioned that they could also just reconfigure their website to mess up your scrape, which is probably what they'll keep doing. They'll also likely publicize your bad business practices and you'll end up with a horrible reputation. Nobody likes a copier. Its like people who steal designs. They hardly ever outperform the website they're copying.