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I'm not sure what Twitter's specific reasons are, but AFAIK the general trend of login-walling services over the past few years has happened due to a court deci
by ndiddy 12d ago
I'm not sure what Twitter's specific reasons are, but AFAIK the general trend of login-walling services over the past few years has happened due to a court decision saying that it's legal to scrape publicly available data ( https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn ). If they gate content behind a login wall and put a clause in the EULA forbidding scraping, this lets them use the CFAA to go after anybody who still scrapes the site.
- nkozyra 12d agoEffectively it forces scrapers to become a party to the terms of service, which usually contains the "no programmatic access (other than via paid API)" or specifically prohibits automated scraping.
- stymaar 12d agoHow can an automated process be a party in the terms of services though?
- nkozyra 12d ago> How can an automated process be a party in the terms of services though? If it's auth-gated, it needs to be, well, authenticated. The person who provides that, and the subsequent automated scraping, is the party, and would be the recipient of a civil suit.
- stymaar 12d ago> If it's auth-gated, it needs to be, well, authenticated. AFAIK, there isn't an single auth scheme on earth that guarantee human intervention[1]. Anyone can set-up a robot creating new users on a whim using single-use email addresses and even phone numbers. In fact, we know that OpenAI's agent have been doing exactly that when attacking Rubygem. And all AI labs are likely doing it for scrapping social media as well. Who are you gonna sue then? [1] the closest thing is Altman iris scanning venture, but without a broad adoption it's remains functionally useless.
- immibis2 12d agoBy setting that up, you take on the liability for it. The defendant is whoever set it up. No different from "if I roll a car down a hill and it hits something at the bottom, how can you hold the car liable?"
- stymaar 12d agoThat's not how ToS work though. ToS are contracts. If you don't sign the contract nobody can sue you for violating it. > No different from "if I roll a car down a hill and it hits something at the bottom, how can you hold the car liable?" That's the difference between criminal and civil justice. You don't need to sign a law for it to bind you, but for contracts you do.
- nkozyra 12d ago> If you don't sign the contract nobody can sue you for violating it. But terms of service are contracts which you sign by agreeing. Courts have looked somewhat favorably on "I didn't read that" defenses, but accepting the agreement is a legal contract between you and the service provider.
- immibis2 12d agoBreaking terms of service isn't a crime, at least, although the company is legally permitted to retaliate against it, such as by banning you.
- deleted 12d ago[deleted]
- fsckboy 11d ago>I'm not sure what Twitter's specific reasons are as I recall it was the large number of bot accounts not scraping but commenting.