Is Data-mining / Harvesting illegal?
 

Is Datamining / Harvesting web accessible data legal if you don't have to register & agree to terms & conditions that may prevent you from doing so?

We'll use Ebay as an example since they are big, mainstream & have well established policies:

Some information you could obtain from Ebay would require you to be a member to get access to it.

When you register for eBay, you actually have to [Click] or [X] a box claiming you have read, understood & accepted there terms (which undoubtedly forbid spidering or datamining)

However, maybe you just wanted to compile some data from their site that is available to non-registered, guest users.

There IS a usage agreement at the bottom of the pages that also forbids users from datamining but would that actually hold up in court? Since the gues t user never really accepted it, and it's link is super fine print at the bottom of the page?

Or what if there was no user/usage agreement at all on the page that containted the data?


For the record...

I have no desire to harvest data from eBay - I just used them as an example because they are well established and have their bases covered.

In fact it's just the opposite... I want to PROTECT some data for a project I'll be working on, but without decreasing functionality - I almost have to disclose more of the data to guest users than I want.

But if someone in the industry for this project used the data they harvested from me, it would be obvious where they got it.

I am so tired man its Sunday, tomorrow is Columbus Day

I don't think it's illegal yet, but i read somewhere there was a database law in progress inspired by eBay's situation of people accessing their database to get bid summaries, posts, etc.


Found the link:
http://www.ala.org/Content/Navigatio...egislation.htm



Use this google search link to find other articles on this issue:
http://www.google.com/search?hl=en&i...e+act+law+ebay



Fight the Patent!

Thanks Brandon :thumbsup

I would say it is already illegal since every publisher of original content is afforded protection under copyright infringement.

Disclosure is what the situation rests on, just like with other situations like add-on software found in other programs. As long as the consumer is made aware of the site's policy and has the option of not entering the site based upon that policy, it shouldn't make much difference from a legal standpoint.

Tho as Doubleclick found out a few years ago, sometimes the court of public opinion is much more stringent than a judge would be.