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Re:Facebook Wanted Gizmodo to Kill Investigative Tool by JangoSteve on Tuesday August 07, 2018 @02:49PM (#17709416)
Would extracting the data via a browser extension be in violation? It doesn't require making an in-memory copy of the HTML, since it's just navigating the HTML structure that has already been rendered by your browser, in the same way that your eyes (or a screen reader) must do to read the page.
Re:Facebook Wanted Gizmodo to Kill Investigative Tool by stingraycharles on Tuesday August 07, 2018 @03:10PM (#17709612)
Apparently the way it is presented is that, because scraping per definition alters the content of the copy (i.e. it extracts parts of it), it is therefor a modification of the original works. This is mostly the problematic part.

I have thought about just using the DOM, and/or using Chrome itself as an intermediary using its dev toolkit but I think that from a legal perspective, this is all just a modification of the original works as well.

IANAL, of course.

Re:Facebook Wanted Gizmodo to Kill Investigative Tool by JangoSteve on Tuesday August 07, 2018 @03:31PM (#17709797)
I'm pretty sure that's not the way it was presented at all. Modifying original works is actually an allowance of copyright, not a restriction. It's called Fair Use, which states that "transformative" uses of copyrighted material, or "those that add something new, with a further purpose or different character, and do not substitute for the original use of the work," are "more likely to be considered fair." [1]

Extracting the user's data out of the page is what's _allowed_; since that is the part of the page that Facebook does not actually hold a copyright claim to, I'm pretty sure you could make the claim that extracting the user's own data out of the page into a structured format for the user's own use is transformative.

The part that wasn't allowed was literally making an ephemeral in-memory copy of the page as-is, which included Facebook's copyrighted HTML.

(I am also not a lawyer)

[1] https://www.copyright.gov/fair-use/more-info.html