Earlier quoted context omitted.
How can TOS have legal power for the case scraping? A website is a public property. If I'm visiting it without logging in, I don't have a chance to accept TOS. Imagine a hotel that makes guests sign a document saying they will not make photographs of the building. If I'm not a guest, I can take photographs of it and I can't even know that would be illegal.
The UK has a database law: https://en.wikibooks.org/wiki/UK_Database_Law#Database_Right If you scrape, and effectively reconstitute a database, then so long as the database originally had a "substantial investment" in it's "obtaining, verifying or presenting the contents" then yup... you have breached the database right, which is a modified form of copyright. You may access said database (via the web), but as soon as…
Web Scraping in 2016
221–230 of 402 posts
Re: Web Scraping in 2016
#222Earlier quoted context omitted.
How can TOS have legal power for the case scraping? A website is a public property. If I'm visiting it without logging in, I don't have a chance to accept TOS. Imagine a hotel that makes guests sign a document saying they will not make photographs of the building. If I'm not a guest, I can take photographs of it and I can't even know that would be illegal.
The UK has a database law: https://en.wikibooks.org/wiki/UK_Database_Law#Database_Right If you scrape, and effectively reconstitute a database, then so long as the database originally had a "substantial investment" in it's "obtaining, verifying or presenting the contents" then yup... you have breached the database right, which is a modified form of copyright. You may access said database (via the web), but as soon as…
Re: Web Scraping in 2016
#223Earlier quoted context omitted.
Obviously it's a good idea to follow TOS. But as a practical matter, they have to know that you're doing it before they can take action. You wouldn't want to put up a site announcing that you're selling scraped LinkedIn data, for example. But if that data is valuable to your business - collecting names of people that work in certain positions at certain companies so that you can do targeted snail mail campaigns for e…
This only goes so far, and if you get found out, you're looking at willful infringement (which usually triples damages) and probably criminal charges under the CFAA. However, it should be acknowledged that there are many people making quiet livings off scrapes that are not legal. There are even a few companies making loud livings off such scrapes, like Google. If you're not going to run it totally anonymously, you sh…
Re: Web Scraping in 2016
#224Scraping with Selenium in Docker is pretty great, especially because you can use the Docker API itself to spin up/shut down containers at will. So you can spin up a container to hit a specific URL in a second, scrape whatever you're looking for, then kill the container. This can be done via a job queue (sidekiq if you're using Ruby) to do all sorts of fun stuff. That aside, hitting Insta like this is playing with fir…
Serious question: What do you gain from having an extra layer like docker?
Re: Web Scraping in 2016
#225Earlier quoted context omitted.
Why is it a double standard? Google scraping usually benefits the site with increased traffic and revenue, in a way most other scraping does not. Saying "you can scrape me if it benefits me" isn't totally in keeping with the principles of the open web, but it's not hypocritical.
With a risk of stating the obvious, this is a double standard simply because there are two standards - one for Google and one for others. I can't speak for the poster you were replying to, but whilst I see it as logical self-interested behaviour by site owners, it still feels unfair.
If a stranger enters my house without my permission, that's trespassing. But there's nothing unfair about letting in someone who I invite over.
Re: Web Scraping in 2016
#226Tbh I didn't enjoy the article, it just seems like someone who has just learned about Node.js tried to explain (and mostly failed) how to use some packages to scrape a page. I was expecting to learn some new techniques, but all it explained was how to make a few API calls in order to solve a very specific problem. Also, there was the overall arrogant tone: "I found their interview approach a bit of a turn off so I di…
> "I found their interview approach a bit of a turn off so I did not proceed to the next interview and ignored her emails ", this just shows a lot of immaturity. I believe you should treat others how you want to be treated. FYI, recruiters do not usually follow up with rejected candidates and many are unresponsive. It's their way of telling candidates they are no longer interested.
Re: Web Scraping in 2016
#227Keep in mind that companies have sued for scraping not through the API, for example LinkedIn, which explicitly prevents scraping via the ToS: http://www.informationweek.com/software/social/linkedin-sues... OKCupid did a DMCA takedown for researchers releasing scraped data: https://www.engadget.com/2016/05/17/publicly-released-okcupi... Since both of these incidents, I now only scrape if it's a) through the API follow…
I played with the idea of creating some social aggregation type service with some friends (as a business). The more I read about FB's past behavior with regard to this, and how essential they are to any sort of service like, that, I canned the project. Regardless of what their TOS say, if you get on their radar and they send you a cease-and-desist, it's game over. Facebook is not in the business of subverting their revenue stream, so if you are making money off them and it's preventing them from capitalizing on their users, don't expect to last long if you exist by their grace.
Really, there's an interesting space between so small nobody cares and large enough that getting shut down is a real problem. A lot of projects start small and end up (relatively) large, but without a good way to pay for the service itself. While not every service needs to be a business and make money, once you reach the level where you risk either being shut out of your data source or you need to somehow work out an understanding with that source, how do you approach that when being able to pay is off the table? Not to mention the problem approaching before you have to and forcing the situation, or waiting too long and risking the wrath of the source because you've abused their service as long as you have. Has anyone else been in this situation and found an approach that works?
Re: Web Scraping in 2016
#228Re: Web Scraping in 2016
#229Earlier quoted context omitted.
I was going to post something similar. When you go to all that trouble that the web site owner is pretty clearly trying to prevent, that is convincing evidence that you are breaking the terms of service. And breaking the terms of service for a web site has been held to be a civil violation (a number of times on Ebay and Amazon) and potentially a CFAA violation by the Justice department.
Actually it's been held that TOS violations are NOT subject to the criminal provisions of the CFAA.
If you were referring to a different decision I'd love to read it. I follow this stuff (and at one time explored what legal action our startup could take against scrapers). In our case we also offered a paid API so it was fairly easy to establish damages.