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Comment by anileated

There’s a reason scraping is a legally grey area.

> Web scraping is legal, US appeals court reaffirms

First, the case is not closed. [0]

Second, to draw an analogy, you can use scraping in the same way you can use a computer: for legal purposes. That is, you cannot use scraping to violate copyright, just as you cannot use a computer to violate copyright.

The following being my conjecture (IANAL), there is fair use and there is copyright violation, and scraping can be used for either—it does not automatically make you a criminal, but neither is it automatically OK. If what you do is demonstrably fair use presumably you’d be fine; but OpenAI with its products cannot prove fair use in principle (and arguably the use stops being fair already at the point where it compiles works with intent to profit).

[0] https://news.ycombinator.com/item?id=31079231

parent anileated 3 years ago

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