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Taking action against scraping for hire

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Re: Taking action against scraping for hire

#91

Earlier quoted context omitted.

Quoted post unavailable.

I've reread the previous comment and I really don't see where there is any justification stated for acting in an unethical manner. While Facebook may be making an argument against unethical behavior by a few, using the language they do is detrimental to legitimate uses of crawling content available on the Web. Corporations, by nature, work in a way that individuals at those companies don't. They are literally "non-co…

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Re: Taking action against scraping for hire

#92
post #29

Earlier quoted context omitted.

Violation of ToS does not mean a violation of the law.

That is why they are suing rather than pressing charges. When someone steals your car you don't sue them you press charges. When someone doesn't uphold their end of a contract you don't press charges you sue for breach of contract.

"pressing charges" isn't a thing.

Re: Taking action against scraping for hire

#93
post #29

Earlier quoted context omitted.

Violation of ToS does not mean a violation of the law.

I don't think I know the answer, but I'm curious: Does violating a website's TOS meant your accessing it beyond your authority, making it a violation of the US's Computer Fraud and Abuse Act?

Not a violation. Decided by Supreme Court in 2021. Van Buren vs. United States. It was a big deal.

Re: Taking action against scraping for hire

#94

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Since when do you get sued for breaching TOS?

Since you start a business on the violation. "Since when do I get sued for taking too many free samples from Costco?" -> "Since you started taking millions of them to resell"

im not sure on american law, but if you give me those samples willingly i can do whatever i want with them.

Actually this is the reason why many products come with the lable "not for resale" but i have yet to find somebody who cares about it :D

Re: Taking action against scraping for hire

#95
post #9

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Logged in vs not logged in data.

> Logged in Is this actually private data, or is it public stuff that's become annoyingly hard to view anonymously because Meta chose to stick it behind a login box?

>public stuff that's become annoyingly hard to view anonymously because Meta chose to stick it behind a login box

this one

Re: Taking action against scraping for hire

#96

Earlier quoted context omitted.

That is why they are suing rather than pressing charges. When someone steals your car you don't sue them you press charges. When someone doesn't uphold their end of a contract you don't press charges you sue for breach of contract.

in reality, you as an individual can't press charges. Only the state can. And many times the state chooses not to. You can sue in civil court, but individuals can't bring cases in criminal court.

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Re: Taking action against scraping for hire

#97

“This industry makes scraping available to individuals and companies that otherwise would not have the capabilities.” - seems like web scraping companies are doing a good job :)

The phone charger makes engery available to individuals and companies that otherwise would not have the capabilities. ;)

Re: Taking action against scraping for hire

#98
post #29

Earlier quoted context omitted.

Violation of ToS does not mean a violation of the law.

Most law suits aren't due to breaches of the law, but breaches of contract. Whether terms of service constitute an enforceable contact is another matter.

ToS have been around for decades, surely this question is settled by now?

Re: Taking action against scraping for hire

#100
post #85

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Quoted post unavailable.

> the vast majority of Web scraping efforts are to build businesses on top of other organizations hard work and innovation. Not really. Scraping just gets data, not code, so it's hard to support this argument. The anti-scraping view is that the right to use the data rests with the company that collected it, but I don't think that view is held by most people.

If you are arguing that an organization's data is worthless but only their code has worth, then I'm not quite sure where to go from this point in this discussion, other than to say that is crazy.
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