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by phs318u
2433 days ago
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I understand what HiQ have done. I'm saying I believe there's a material difference between public data for consumption by individual human beings, and systematic commercial harvesting. I appreciate that in the US, there may be no legal distinction between types of consumption of public data. Public data is public. However, I'm arguing that any commercial use or of my data beyond fair-use, should require my permission and an explanation of how my data will be stored and treated, so that I can be assured that my rights (over further unauthorised use) are preserved. EDIT: It occurs to me that HiQ's success over LinkedIn does not necessarily imply they would be successful against actual LI users in a GDPR-like jurisdiction. Also, what if LI turned around and allowed each user to specify a style of CC license under which their specific data is published (by LI on behalf of the user). If I specified a non-commercial license variant, would that disallow HiQ's actions (without seeking permission)? |
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The way things work in North America at least to my understanding is that it doesn't matter what license you use, I don't have to agree to it to scrape it and use it if there is no click wrapper. I guess if you caught me explicitly using it in a certain way, I could get in trouble, but that is not easy. What you propose sounds reasonable, but I don't know how it would be enforced or if it would still stop people. I'm owed 30k in consulting wages and I can't even make it worth my while to pursue that from a legal standpoint, let alone try and sue some unknown and/or potentially massive company or scattered random ghosts across the interwebs.