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Author Topic: Are there any cyber laws to take care for a start up which need to use web scrap  (Read 1265 times)

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Offline purohit

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Hi,

We are launching a start-up company in India which will have to fetch the online customer reviews from the web (some other websites, travel sites, product review site, social networking sites, etc). Some of the sites have API bit not all. Hence we need to make use of web scrapping.

Are there any cyber laws that governs web scrapping in India. There had been a few lawsuits in case of web scrapping in US courts which are more from Copy right, Threspass to Challets, etc perspective. We need a complete legal advice in this area.

Regds

Offline Advocate-ashoksen

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web scrapping law in India
« Reply #1 on: July 22, 2015, 09:12:31 PM »
Web scraping may be against the terms of use of some websites. The enforceability of these terms is unclear. While outright duplication of original expression will in many cases be illegal, in the United States the courts ruled in Feist Publications v. Rural Telephone Service that duplication of facts is allowable. U.S. courts have acknowledged that users of "scrapers" or "robots" may be held liable for committing trespass to chattels, which involves a computer system itself being considered personal property upon which the user of a scraper is trespassing. The best known of these cases, eBay v. Bidder's Edge, resulted in an injunction ordering Bidder's Edge to stop accessing, collecting, and indexing auctions from the eBay web site. This case involved automatic placing of bids, known as auction sniping. However, in order to succeed on a claim of trespass to chattels, the plaintiff must demonstrate that the defendant intentionally and without authorization interfered with the plaintiff's possessory interest in the computer system and that the defendant's unauthorized use caused damage to the plaintiff. Not all cases of web spidering brought before the courts have been considered trespass to chattels.

One of the first major tests of screen scraping involved American Airlines, and a firm called Fare Chase. AA successfully obtained an injunction from a Texas trial court, stopping Fare Chase from selling software that enables users to compare online fares if it also searches AA's website. The airline argued that Fare Chase's websearch software trespassed on AA's servers when it collected the publicly available data. Fare Chase filed an appeal in March 2003. By June, FareChase and AA agreed to settle and the appeal was dropped.
Advocate Ashok Sen Calcutta High Court

Offline advocate-lyngdoh

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Web scraping is closely related to web indexing, which indexes information on the web using a bot or web crawler and is a universal technique adopted by most search engines. In contrast, web scraping focuses more on the transformation of unstructured data on the web, typically in HTML format, into structured data that can be stored and analyzed in a central local database or spreadsheet. Web scraping is also related to web automation, which simulates human browsing using computer software. Uses of web scraping include online price comparison, weather data monitoring, website change detection, research, web mashup and web data integration.

Web scraping (web harvesting or web data extraction) is a computer software technique of extracting information from websites. Usually, such software programs simulate human exploration of the World Wide Web by either implementing low-level Hypertext Transfer Protocol (HTTP), or embedding a fully-fledged web browser, such as google chrome.
Advocate Lyngdoh
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