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U.S. judge says LinkedIn cannot block startup from public profile data

reuters.com

21–30 of 301 posts

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#21

Being a programmer not a lawyer, I like the idea of more rights for scrapers. I don't want to see the internet partitioned away and owned by a few companies, especially when that information is often called a "public profile".

Can they claim a tax credit for supporting that bandwidth usage and handling abuse?

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#23
> “We will continue to fight to protect our members’ ability to control the information they make available on LinkedIn.”

LinkedIn has full control over this, it's their site. What they are fighting for is the ability to choose who gets public access to various pieces of information; which its member do not get control over.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#24
post #6

This is just a preliminary injunction and the court has not even heard or ruled on this case. They just allowed HiQ to access the data while they wait for the scheduled court hearing to begin. The court may eventually rule very differently once they have heard all the evidence presented and weighed up existing applicable case law. The judge who issued this injunction - Edward Chen, is also the judge presiding over th…

Wow, those are two very big issues, that affect two very large industries, not to mention the implications and precedent for both free speech and workers' rights.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#25

Being a programmer not a lawyer, I like the idea of more rights for scrapers. I don't want to see the internet partitioned away and owned by a few companies, especially when that information is often called a "public profile".

Can they claim a tax credit for supporting that bandwidth usage and handling abuse?

Not needed. Cost of doing business.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#26
post #9

Does anyone know where to view this ruling? I'm curious how it passes free-association muster: you're not allowed to discriminate on particular tasks, but there's no reason you can't discriminate based on eg, behavior or user-agent or IP address. It seems very strange to me that the judge would order MS to associate against their will prior to hearing the arguments.

http://online.wsj.com/public/resources/documents/2017_0814_h...

After skimming the document for a bit, hiQ's argument looks really flaky. Especially grasping at straws like "Free Speech". They argue that LinkedIn is like a public mall and denying them access to the mall is denying them "Free Speech"? I don't see how this can be the case if they had no intent to "speak" at all in this place. Their data collection via scraping seems more like people-watching in the mall, if you go along with their analogy.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#27

Being a programmer not a lawyer, I like the idea of more rights for scrapers. I don't want to see the internet partitioned away and owned by a few companies, especially when that information is often called a "public profile".

It gets into the incredibly murky water of how the web works. You're just issuing a request and getting things back. Sometimes in a web browser, sometimes not. But the content itself may still be copyright. You can't just take it, even though for now, the publisher/server is allowing you to view it for free.

But what if you only chose to view some of the content (e.g. block ads). What if you apply your own styles to change the way that information is displayed? You're just changing the way the browser represents that data. You're not redistributing it as your own at this point. What if you store that data, but don't republish it; just used it in some each algorithms?

There are a whole lot of interesting grey areas here, but many that already have precedents that side more with the copyright holders.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#28

Being a programmer not a lawyer, I like the idea of more rights for scrapers. I don't want to see the internet partitioned away and owned by a few companies, especially when that information is often called a "public profile".

If a website puts something on the public internet, it should not even be aware if it is being accessed by a scraper or a human.

Maybe we should just ban User Agent strings and be done with it.

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#29
post #6

This is just a preliminary injunction and the court has not even heard or ruled on this case. They just allowed HiQ to access the data while they wait for the scheduled court hearing to begin. The court may eventually rule very differently once they have heard all the evidence presented and weighed up existing applicable case law. The judge who issued this injunction - Edward Chen, is also the judge presiding over th…

Wow, those are two very big issues, that affect two very large industries, not to mention the implications and precedent for both free speech and workers' rights.

There are not that many judges on the Northern District of California

https://www.cand.uscourts.gov/judges

and cases involving Silicon Valley companies are very often filed here, so quite a lot of the high-profile industry matters end up getting heard by the same judges!

Re: U.S. judge says LinkedIn cannot block startup from public profile data

#30
post #28

Being a programmer not a lawyer, I like the idea of more rights for scrapers. I don't want to see the internet partitioned away and owned by a few companies, especially when that information is often called a "public profile".

If a website puts something on the public internet, it should not even be aware if it is being accessed by a scraper or a human. Maybe we should just ban User Agent strings and be done with it.

I'd be willing to bet that the user-agent field isn't the problem; it's patterns that everything looks for now, right? People have been lying in the request headers for decades.
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