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Re:Web Scraping in 2016 by kuschku on Tuesday August 23, 2016 @02:20PM (#12346082)
Or you just move to a locale where scraping is legal, and any contractual terms saying otherwise are null and void.

I’d assume a lot of HN users are from such locales.

We don’t always have to assume US laws apply globally – they don’t.

Re:Web Scraping in 2016 by cookiecaper on Tuesday August 23, 2016 @02:40PM (#12346294)
I was actually searching for such a jurisdiction as my startup was shut down by a company that invoked the CFAA late last year. What do you suggest? The EU is even worse than the US when it comes to data freedom and tech access. The law on the books in many former British colonies provides marginally more protection (the "Telecommunications Act"), but it'd probably still be disputable, and you'd be shut down anyway unless you had millions sitting around with your lawyers' name on it.
Re:Web Scraping in 2016 by detaro on Tuesday August 23, 2016 @02:55PM (#12346436)
It depends on what you are doing. The CFAA is very far-reaching, but of course many aspects were the US answer is "CFAA" are covered by other laws. [EDIT: removed outdated information superseded by european decisions, which make the situation a lot less clear]

anti-scraping: If somebody were to offer a telephone book database online and you created a copy of that to sell on your own, you'd almost certainly loose in the EU (since unlike in the US, databases as pure collections of facts have their own copyright protections)

The legally safest locations probably are outside the western world if you are targeting western sites.

Re:Web Scraping in 2016 by cookiecaper on Tuesday August 23, 2016 @03:04PM (#12346512)
>Pro-scraping: Last big case I remember here was a flight-search site that did flight search and booking(!) via a scraper and Ryanair lost when they tried to sue them for that, since they couldn't argue convincingly how that was damaging them.

Every case I've seen wrt Ryanair (they sue a lot of people) has resulted in a win for Ryanair. Do you have details on the case you're describing?

>anti-scraping: [...]

Scraping purely factual data is one of my points of defense in the US. I don't want to give it away.

>It's still risky though, the safest locations probably are outside the western world if you are targeting western sites.

Yeah, this was ultimately the conclusion I had to come to. However, outside the West, the Western companies will just send someone with a briefcase full of $100 bills and pay them off. Corrupt government officials in these locations want the goodwill of a big American company a lot more than they care about any particular random guy.

There is only one workable solution: run the service totally anonymously and maintain good opsec so that your cover isn't blown. All under the table. This has its own issues, like making it difficult to receive payment and putting one at much greater legal risk than a mere CFAA dispute, but it's the only option if you don't plan to get shut down.

Re:Web Scraping in 2016 by detaro on Tuesday August 23, 2016 @03:12PM (#12346588)
I was refering to a BGH decision (30.04.2014 (Az. I ZR 224/12)), but it seems like newer decisions from european courts kill that argument :/

I edited my original comment to reflect that.

Re:Web Scraping in 2016 by charlesdm on Tuesday August 23, 2016 @04:53PM (#12347531)
Which site were you running?
Re:Web Scraping in 2016 by niftich on Tuesday August 23, 2016 @04:55PM (#12347544)
Re:Web Scraping in 2016 by charlesdm on Tuesday August 23, 2016 @04:51PM (#12347509)
Dubai?
Re:Web Scraping in 2016 by madamelic on Tuesday August 23, 2016 @02:30PM (#12346202)
Scraping being illegal is as dumb as saying it's illegal to take photos in public. You aren't affecting anyone if you do it respectfully.
Re:Web Scraping in 2016 by elmigranto on Tuesday August 23, 2016 @02:48PM (#12346380)
Being dumb doesn't prevent laws from existing (we all know those "funny US law stuff" in the realms of "no kissing toy camels on the cheek (but the mouths are okay)".

Also, since this is somewhat untouched territory, don't be so sure that you'll get a judge who is as well-versed in web scarping and infrastructure as you, or shares your opinions on the subject. (And given that precedents are so important in US laws, you better hope someone else before you didn't get such a judge.)