Earlier quoted context omitted.
Fairly meaningless in this day and age. Also IIRC scraping legality depends heavily on jurisdiction. Some places take a more permissive view of accessing publicly available information, even if a site's TOS forbids bots. In the US there’s a major precedent [0] which held that scraping public-facing pages isn’t a CFAA "unauthorized access" issue. That’s a big part of why we’ve seen entire venture-backed scraping compa…
From that article: > However, after further appeal in another court, hiQ was found to be in breach of LinkedIn's terms, and there was a settlement. So why would the same not apply here?
These were some of the notable elements (worth noting that none mention breaching terms of service):
> Damages: Judgment in the amount of $500,000 is entered against hiQ, with all other monetary relief waived.
> CFAA liability: hiQ stipulates that LinkedIn experienced losses sufficient to, and “may establish liability” under a CFAA civil claim “based on hiQ’s data collection practices and based on hiQ’s direct access to password-protected pages on LinkedIn’s platforms using fake accounts.”
> California “CFAA”: hiQ stipulates that LinkedIn “may establish civil liability” under California’s state-law counterpart to the CFAA based on hiQ’s data collection practices, use of fake accounts and other means to evade detection by LinkedIn, hiQ’s direct access to password-protected pages on LinkedIn’s platforms using fake accounts, and hiQ’s unauthorized commercial use of data.
> Trespass: hiQ stipulates that LinkedIn has established judgment as to liability under California law for the common law torts of trespass to chattels and misappropriation.
> Irreparable harm: hiQ stipulates that LinkedIn has established that it has suffered an irreparable injury and that LinkedIn satisfied the remaining factors and is entitled to a permanent injunction.
https://natlawreview.com/article/hiq-and-linkedin-reach-prop...