Scrapping over data: are the data scrapers’ days numbered?

Scrapping over dataData scraping – or web or screen scraping – has no universal definition and covers a number of different methods of obtaining data from a website or database, typically by way of a computer program. In 2008 while the use of the buzzword “cloud” was in its infancy, I co-wrote an article published in Journal of Intellectual Property Law and Practice that reviews the legal issues surrounding data scraping and which examines the options open to those whose content has been scraped. Given the paucity (at the time) of case law and specific legislation in this area, we examined the approaches taken to this problem in other jurisdictions as well as the UK. We cover the following points in detail:

1. Breach of confidence

2. Copyright infringement

3. Database rights

4. Breach of contract

5. Trespass

6. Computer misuse

7. Data protection

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