"HiQ only takes information from public LinkedIn profiles. By definition, any member of the public has the right to access this information. Most importantly, the appeals court also upheld a lower court ruling that prohibits LinkedIn from interfering with hiQ’s web scraping of its site."
Surely I'm not reading this correctly. This would seem to suggest that websites are not legally allowed to prevent bots from crawling their sites. Lots of sites have ToS preventing such things, are those legally void now? Are captchas on public pages illegal, even if you request the page 8000 times in a second?
"In this case, hiQ argued that LinkedIn’s technical measures to block web scraping interfere with hiQ’s contracts with its own customers who rely on this data. In legal jargon, this is called” malicious interference with a contract”, which is prohibited by American law."
This is almost weirder. If LinkedIn wanted to force users to sign in to view profile info, would they be not allowed to do that because some company had signed a contract that implicitly assumed access to that data? If someone writes a web scraper for my site, and I unknowingly change my site in a way that breaks that scraper, can a court force me to revert the change?
Seems to imply that every business is somehow beholden to every contract signed by anyone.
Surely I'm not reading this correctly. This would seem to suggest that websites are not legally allowed to prevent bots from crawling their sites. Lots of sites have ToS preventing such things, are those legally void now? Are captchas on public pages illegal, even if you request the page 8000 times in a second?
"In this case, hiQ argued that LinkedIn’s technical measures to block web scraping interfere with hiQ’s contracts with its own customers who rely on this data. In legal jargon, this is called” malicious interference with a contract”, which is prohibited by American law."
This is almost weirder. If LinkedIn wanted to force users to sign in to view profile info, would they be not allowed to do that because some company had signed a contract that implicitly assumed access to that data? If someone writes a web scraper for my site, and I unknowingly change my site in a way that breaks that scraper, can a court force me to revert the change?
Seems to imply that every business is somehow beholden to every contract signed by anyone.