Monday, 27 May 2013

Data Scraping

“Data Scraping” is an umbrella term used for a number of separate but related types of activity. In short, it covers the extraction of data generally from human-readable output from a computer program or website. Make no mistake, “data scraping” is a major issue and one that will continue grow in importance: airlines, media content owners and directory services’ providers are very much alive to the data scraping threat.

Data scraping offers many obvious commercial advantages – scraping saves the time, effort and cost to collate data and build a database (or content)– but, unless done legally or with the agreement of the owners of the websites, it is likely to be unlawful. There is no specific offence of data scraping, but a content owner can use contract law, intellectual property rights and statute against a scraper.

For a more detailed analysis, see “Scrapping over data: are the data scrapers’ days numbered”, an article written by our lawyers, published in the Journal of Intellectual Property Law.

Our team has experience in advising clients across a range of sectors on data scraping and related issues, including:

    Advising content owners on action they can take against scrapers including infringement of copyright & database right and breach of contract
    Advising potential scrapers on the extent to which it is lawful to scrape
    Dealing with the impact of publicity surrounding any use of data-scraping

Our approach is to give advice rather than options, as in our experience, this helps clients make the best business decisions.

Our lawyers keep up to date on the latest technologies, enabling them to offer pragmatic, sensible and business orientated advice. This understanding means our lawyers are able to anticipate and resolve the legal issues raised by data scraping. We undertake a range of technology work across the sectors. which gives us a particular insight into the legal developments and business changes.

Professional Memberships

Our lawyers are members of a number of sector-focused organisations which help ensure we are involved in high level discussions on industry developments.

These include:

    Anti-Copying In Design (ACID)
    Anti-Counterfeiting Group
    Cloud Industry Forum
    Federation Against Software Theft
    Institute of Trade Mark Attorneys
    Intellectual Property Lawyers Association
    Law Society European Group
    Society for Computers and Law
    Chartered Institute of Patent Attorneys
    British Literary & Artistic Copyright Association

Our lawyers continue to lead legal and commercial thinking in the sector – you can see some of their views at our TomiLaw blog - a view of Technology, Online, Media and Intellectual property issues and news. Click here for the latest updates.


Source: http://www.dmhstallard.com/site/services/ipservices/data_scraping/

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