this post was submitted on 02 Aug 2023
268 points (100.0% liked)
Technology
37739 readers
537 users here now
A nice place to discuss rumors, happenings, innovations, and challenges in the technology sphere. We also welcome discussions on the intersections of technology and society. If it’s technological news or discussion of technology, it probably belongs here.
Remember the overriding ethos on Beehaw: Be(e) Nice. Each user you encounter here is a person, and should be treated with kindness (even if they’re wrong, or use a Linux distro you don’t like). Personal attacks will not be tolerated.
Subcommunities on Beehaw:
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
So the thing is the case has four parts, three out of four are basically (and I quote from the filing):
Which pretty much the vast majority of the filing is this. Which is basically"Nuh-uh YOUR mama so fat!" So yeah, it's going to go nowhere. The inducing folks to break contract, etc. Yeah, there's next to nothing there. CCDH has tweets showing the very things they indicated and it's a semantic argument on what "flourished" may or may not mean to a hypothetical person who wants to buy ads on your network. Basically if you've got demonstrable garbage on your network, don't be surprised if someone points it out.
The fourth part does touch on something to which we don't have clear guidance on. And that is how CCDH accessed the site to obtain the data. Scraping a website is mostly free, unless you're doing it for the explicit purpose of profiting. However, CCDH is a non-profit so this is going to be an uphill thing for Musk.
Except in the case where the court decides to toss a curve-ball. See, the various US courts don't have any actual legal framework to work from for web scraping. Congress keeps kicking the can on the issue. And that's the thing that's got CCDH awake at night, a Judge literally can just invent their own rationale on why scraping is wrong or a protected right. It could literally go either way given a wild enough judge.
Anyway, the entire point is that no one should be using X or Twitter or whatever the fuck it is now.
I was about to say that a right to scraping public data was established by HiQ vs LinkedIn, but I looked up the details and apparently SCOTUS overturned that decision and sent it back to the circuits, so yeah it does still seem to be a gray area...