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Based on the new scraping ruling with LinkedIn [0], anything that is "open gate" (as in, accessible without logging in) can be scraped and (I assume) be used by
by cercatrova 4y ago
Based on the new scraping ruling with LinkedIn [0], anything that is "open gate" (as in, accessible without logging in) can be scraped and (I assume) be used by neural networks. The onus, it appears, is to not use it to generate copyrighted works, like Iron Man from Marvel, just as one can use Photoshop as a tool but is still barred from making and selling an Iron Man digital painting.
[0] https://cdn.ca9.uscourts.gov/datastore/opinions/2022/04/18/17-16783.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2022/04/18/1...
- resoluteteeth 4y ago> Based on the new scraping ruling with LinkedIn [0], anything that is "open gate" (as in, accessible without logging in) can be scraped and (I assume) be used by neural networks. The ruling you are linking to is about whether scraping violates the Computer Fraud and Abuse Act. This isn't really applicable here. First of all, that's a separate issue from copyright. Just because scraping publicly accessible data doesn't violate the CFAA doesn't mean that suddenly all images posted on the internet are public domain or that can use copyrighted images from websites for whatever you want, for example. Furthermore, how copyright applies to training neural networks on copyrighted works is an open question right now.
- cercatrova 4y agoPerhaps a neural network's outputs can be deemed as transformative use and thus fair use. I don't know though, I'm not a lawyer.
- olliej 4y agoI would assume that for cases like this is is more a matter of whether you can redistribute copyrighted work that has not had any of the usual "creative use" things applied, rather than whether the original scanning was protected.