As an attorney (and this is not legal advice), I don't think it's quite that simple. The court held that the CFAA does not proscribe scraping of pages to which the user already has access and in a way that doesn't harm the service, and thus it's not a crime. But there are other mechanisms that might impact a scraper, such as civil liability, that have not been addressed uniformly by the courts yet. And if you scrape in such a way that does harm the operator (e.g. by denying service), it might still be unlawful, even criminal.
There's a relevant footnote in the cited HiQ Labs v. LinkedIn case:
"LinkedIn’s cease-and-desist letter also asserted a state common law claim of trespass to chattels. Although we do not decide the question, it may be that web scraping exceeding the scope of the website owner’s consent gives rise to a common law tort claim for trespass to chattels, at least when it causes demonstrable harm."
They also said: "Internet companies and the public do have a substantial interest in thwarting denial-of-service attacks and blocking abusive users, identity thieves, and other ill-intentioned actors."
It's a good idea to take legal conclusions from media sites with a grain of salt. Same goes for any legal discussion on social media, including HN. If you want a thorough analysis of legal risk--either for your business or for personal matters--hire a good lawyer.
Have you actually tried this approach? I’m curious as to the result, especially when you took it to your lawyer. Not a contract review but a business practice risk evaluation.
what a nonsense. they explicitly say "do not scrape us, unless we approve". they put paywalls and captchas. their service is literally selling access to users data.
now you scraping it. this is direct violation and direct harm to their business, despite their explicit statements for you to stop.
There's a relevant footnote in the cited HiQ Labs v. LinkedIn case:
"LinkedIn’s cease-and-desist letter also asserted a state common law claim of trespass to chattels. Although we do not decide the question, it may be that web scraping exceeding the scope of the website owner’s consent gives rise to a common law tort claim for trespass to chattels, at least when it causes demonstrable harm."
They also said: "Internet companies and the public do have a substantial interest in thwarting denial-of-service attacks and blocking abusive users, identity thieves, and other ill-intentioned actors."
It's a good idea to take legal conclusions from media sites with a grain of salt. Same goes for any legal discussion on social media, including HN. If you want a thorough analysis of legal risk--either for your business or for personal matters--hire a good lawyer.