Hacker News new | ask | show | jobs
by matttb 2330 days ago
> Surely I'm not reading this correctly. This would seem to suggest that websites are not legally allowed to prevent bots from crawling their sites. Lots of sites have ToS preventing such things, are those legally void now? Are captchas on public pages illegal, even if you request the page 8000 times in a second?

This is just a preliminary injunction. This wasn't an actual ruling on the case. This just says that until there is a ruling they can't stop the scraping to make sure the company isn't put under while waiting for an actual ruling.

1 comments

You don’t understand what a preliminary injunction is then.

It’s a very, very strong indication that they will win. Courts don’t issue preliminary injunctions unless it’s extremely likely the side who won the preliminary injunction will win.

Huh, I thought in USA they also did them to avoid an injunction having the effect of making the judgement irrelevant. So, where the case is not clear cut the injunction could prevent one party acting to 'kill' the other (and so avoid judgement) in the meantime?

Could you cite something on this that indicates this (my understanding here) is wrong?

It only requires a “substantial” likelihood that side will win (not an “extreme” one), which basically means there’s a substantive dispute. The more difficult criterion is a substantial likelihood that irreparable harm will occur if the injunction isn’t granted (irreparable harm is supposed to be a pretty extreme thing — it means you can’t fix it with any amount of money).
Please read the linked decision before putting words in judges' mouths:

https://parsers.me/appeal-from-the-united-states-district-co...

The issuance of an injunction is in no way related to how the future court battle will result.