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I dont think you can exclaim away fair use protections. Otherwise everyone already would.
by protocolture 2y ago
I dont think you can exclaim away fair use protections. Otherwise everyone already would.
- Terr_ 2y ago> I dont think you can exclaim away fair use protections. "Copyright doesn't stop me from X" is different from "copyright lets me do X even though I agreed to a contract saying I wouldn't." (I have many problems with modern click/shrink-wrap, but that's a whole 'nother can of worms and I'm just trying to "fight fire with fire" here.) If the average ToS has no force, then HN is currently infringing on my copyright by showing this post to you.
- protocolture 2y agoTheres no valid TOS provided to a human to read when I am scraping the entire internet. I dont think wget can sign a contract? Has anyone managed to hit Google or Yahoo with a TOS violation?
- Terr_ 2y agoUnclear. There was hiQ Labs v. LinkedIn but that focused on whether it was unauthorized access under the CFAA. In X Corp. v. Bright Data Ltd., a quick skim suggests ExTwitter's ToS lost because (A) it wasn't really the owner of the content and (B) they couldn't easily show harm. IANAL again, but for personal blog, (A) is unlikely to apply, and (B) could be shown if ArtTheft Inc. starts causing legal fees by threatening the blogger for exercising the re-licensing in the ToS.