Legal and Ethical Considerations

Is Web Scraping Legal?

The legality of web scraping depends on several factors. While the act of web scraping is not inherently illegal, it becomes unlawful when it involves extracting non-public data or violating terms of service.

Determining Public Availability of Data
  • Access Restrictions: Publicly available data is generally accessible without authentication or specific permissions. If a website does not block web scrapers (e.g., via robots.txt) and does not require login credentials, the data is likely considered public.
  • Intended Audience: Data intended for public consumption on a website or social media platform is usually considered public.
  • Terms of Use: Always check the website’s terms of use or licensing agreements for any restrictions on data use.
  • Copyright and Privacy Laws: These laws vary by jurisdiction and may affect the legality of scraping certain data.
  • Ethical Considerations: Even if data is publicly available, ethical practices may require obtaining consent, especially for sensitive or personal information.
Legal Risks of Web Scraping

Web scraping, while a valuable tool, can present legal challenges. This section explores some key cases that highlight the complexities involved.  

One such case is PropertyGuru Pte Ltd v 99 Pte Ltd (2018) from Singapore. PropertyGuru sued 99.co for copyright infringement, alleging that 99.co used an app to scrape and repost real estate listings with watermarked photos. However, the court ruled that PropertyGuru’s copyright claim was not valid. The case clarifies the limitations of copyright protection for user-uploaded content, especially when alterations like watermarks are minor.  

In the US, the case of LinkedIn vs. hiQ Labs presents another perspective. hiQ Labs was initially banned from scraping public data on LinkedIn profiles. However, the court ultimately ruled in favor of hiQ Labs, stating that scraping publicly available information is not illegal. This case emphasizes the right to access publicly available data online.

Another US example is Craigslist vs. Padmapper and others. While specific details are not provided, this case highlights the broader legal landscape surrounding web scraping. It suggests that the legality of scraping can depend on various factors, making it crucial to navigate these complexities carefully.

These cases serve as a reminder that web scraping carries potential legal risks. When considering scraping data, it's essential to ensure you are adhering to legal and ethical standards.


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