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> But it's fairly established in conversation that dataset scraping isn't infringement, so tagging it doesn't really work. Conversations aside, laws can adapt
by usrbinbash 4y ago
> But it's fairly established in conversation that dataset scraping isn't infringement, so tagging it doesn't really work.
Conversations aside, laws can adapt to include terms regarding tagging. As said before, there are legal examples for this, eg. in the EU:
https://discoverdigitallaw.com/is-web-scraping-legal-short-guide-on-scraping-under-the-eu-jurisdiction/ https://discoverdigitallaw.com/is-web-scraping-legal-short-g...
Quote:
the new law, that must be applied by all EU countries until 7 June 2021 (Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market or ‘DSM Directive’), in its Article 4 provides an exception from the rights of the database owner mentioned above in case of ‘reproductions and extractions of lawfully accessible works and other subject matter for the purposes of text and data mining’ unless ‘the use of works and other subject matter referred to in that paragraph has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online’.
End Quote.
Again, I'm not a lawer, but to me that seems like it's up to lawmakers to do their homework, and update existing laws to deal with the reality that
a) data mining exists and is useful for lots of things
b) people want to make their works available publicly, and therefore ...
c) people publishing works need a workable, stable and reliable way to tell others whether they are okay with their work being scraped and used for analysis/training/etc. or not
And as I said above, ideally such a solution doesn't require changing the published data in some way, and works for all kinds of data.
- kamray23 4y agoThat's what is ideal, this is to make use of existing laws. Besides, laws like that don't pop up for no reason. There would need to be a real concentrated push and need for it, and there won't be, because those who stand most to lose here are not a unified voice, and those who are unified voices stand most to gain. Larger tech companies will not complain about scraping because they stand to benefit from it, smaller creators will but have no voice. The DMCA passed exclusively to protect the records and movie industries, the DSM exists to remove barriers on digital services within the EU, but there's nobody who has a voice and wants this. In the EU especially, the voices of companies and organizations count as much if not slightly more than actual votes, non-profits and for-profits alike are intentionally an integral part of decisionmaking processes with the intention of being a fairer society. That's exactly why there isn't really any reason to reach those ideals, and why we have to make do with what is already passed.