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It depends on what you are doing. The CFAA is very far-reaching, but of course many aspects were the US answer is "CFAA" are covered by other laws. [EDIT: removed outdated information superseded by european decisions, which make the situation a lot less clear]

anti-scraping: If somebody were to offer a telephone book database online and you created a copy of that to sell on your own, you'd almost certainly loose in the EU (since unlike in the US, databases as pure collections of facts have their own copyright protections)

The legally safest locations probably are outside the western world if you are targeting western sites.




>Pro-scraping: Last big case I remember here was a flight-search site that did flight search and booking(!) via a scraper and Ryanair lost when they tried to sue them for that, since they couldn't argue convincingly how that was damaging them.

Every case I've seen wrt Ryanair (they sue a lot of people) has resulted in a win for Ryanair. Do you have details on the case you're describing?

>anti-scraping: [...]

Scraping purely factual data is one of my points of defense in the US. I don't want to give it away.

>It's still risky though, the safest locations probably are outside the western world if you are targeting western sites.

Yeah, this was ultimately the conclusion I had to come to. However, outside the West, the Western companies will just send someone with a briefcase full of $100 bills and pay them off. Corrupt government officials in these locations want the goodwill of a big American company a lot more than they care about any particular random guy.

There is only one workable solution: run the service totally anonymously and maintain good opsec so that your cover isn't blown. All under the table. This has its own issues, like making it difficult to receive payment and putting one at much greater legal risk than a mere CFAA dispute, but it's the only option if you don't plan to get shut down.


I was refering to a BGH decision (30.04.2014 (Az. I ZR 224/12)), but it seems like newer decisions from european courts kill that argument :/

I edited my original comment to reflect that.


Which site were you running?




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