News for hackers. Stuff that matters.

A comment on LinkedIn: It’s illegal to scrape our website without permission. Parent comment

Re:LinkedIn: It’s illegal to scrape our website without perm... by dsacco on Monday July 31, 2017 @10:32AM (#14892317)
Does the pool have any recourse if you proceed to bypass the ban? Do you have to re-enter to pool to bypass it, or does sending in confederates with their own badges to continue your work also bypassing the ban? How about sending in new motorized cars?

The analogy is starting to break down, but I think it's still instructive for the problem of applying a simple first principles approach.

[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by freehunter on Monday July 31, 2017 @12:31PM (#14893446)
There is a legal concept known as "attractive nuisance"[1]. If I have a pool and neighborhood kids come to play and someone gets hurt, it's my fault. Even if I was away from my house and never gave permission (or explicitly forbade them from swimming), if I don't have proper access controls in place, the courts say it is too tempting for the neighbors to just come over and swim. I need to put up a locking gate to keep them out.

Likewise in some high-crime jurisdictions, if you did not lock your car you are liable for it getting stolen or broken into[2]. An unlocked car is too tempting for some people to just walk past and not take it.

I know it might sound crazy but you could make the argument that a massive pool of highly-structured and very valuable data just sitting out in the open is an attractive nuisance and steps should be taken to put it behind a locked gate. Once that requirement has been satisfied, normal trespassing laws apply.

[1] https://en.wikipedia.org/wiki/Attractive_nuisance_doctrine

[2] http://www.cbc.ca/news/canada/montreal/ndg-resident-question...

[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by enraged_camel on Monday July 31, 2017 @05:57PM (#14896238)
Laws like that are ridiculous. You can see that by looking at how the reasoning does not expand to certain areas.

For example, if a woman walks down a dark alley wearing short skirts and gets raped, it isn't her fault. I mean can you imagine if we said "well, she was just an attractive nuisance!" The judge would throw the book at you.

[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by freehunter on Monday July 31, 2017 @06:08PM (#14896318)
They're usually targeted at children who don't know better and don't have the cognitive skills to understand consequences. Usually... but not always.
[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by beobab on Tuesday August 01, 2017 @03:22AM (#14898524)
"An unlocked car is too tempting for some people to just walk past and not take it."

I am saddened by this.

[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by burkaman on Tuesday August 01, 2017 @11:27AM (#14901713)
I don't think it's true, and the source doesn't back it up. Even if it's illegal to leave your car unlocked, that doesn't mean it's your fault if someone steals it. Presumably you'd both be liable.
[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by TheCoelacanth on Monday July 31, 2017 @10:49AM (#14892475)
Bypassing the ban after you have been clearly notified of it is trespass.
[ Parent | on HN ]
Re:LinkedIn: It’s illegal to scrape our website without perm... by jdbernard on Monday July 31, 2017 @11:38AM (#14892954)
That's basically what LinkedIn is arguing here. They have explicitly send hiQ a cease-and-desist letter.
[ Parent | on HN ]