The Court of Appeals once again determined that scraping to automatically extract public information on the Internet is not a problem.
LinkedIn, a business-specific SNS, and hiQ Labs, a corporate support startup, remanded from the Supreme Court in a trial over the pros and cons of 'scraping' that automatically extracts data published on the Internet. The Ninth Circuit Court of Appeals, which received it, again ruled that scraping by hiQ Labs was not illegal.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 17-16783 DC No.3: 17-cv-03301-EMC
Scraping public data from the web is legal: US Ninth Circuit • The Register
Web scraping is legal, US appeals court reaffirms | TechCrunch
This case started when hiQ Labs acquired and used the profile data published on LinkedIn by scraping.
HiQ Labs, which was warned by LinkedIn to stop using data, sued LinkedIn for violating the Antimonopoly Act because the company's personnel support business could not be stopped. Meanwhile, LinkedIn has also accused hiQ Labs of violating the Computer Fraud and Abuse Act (CFAA).
In August 2017, the Federal District Court granted hiQ Labs' allegations and ordered LinkedIn to lift access restrictions on hiQ Labs within 24 hours.
Court judges that there is no problem in utilizing LinkedIn's public information for scraping --GIGAZINE
LinkedIn has filed an appeal, but in 2019 the 9th Circuit Court of Appeals ruled in favor of hiQ Labs, recognizing the right to web scraping. At the beginning of the ruling, it was not stated whether the public information on the Internet was within the scope of CFAA, but in January 2020, it was admitted that the public information was outside the scope of CFAA.
The court admits that information published on the Internet is 'not subject to legal protection'-GIGAZINE
However, LinkedIn did not give up, and in March 2020, urged the Federal Supreme Court to review the judgment of the Ninth Circuit Court of Appeals. Then, in June 2021, the Supreme Court decided to revoke the judgment of the Court of Appeals and conduct a retrial .
The remanded District Court of Appeals for the Ninth Circuit reiterated its 2019 ruling on April 18, 2022, stating that scraping was not illegal.
A LinkedIn representative said, 'I'm sorry for the decision.' On the other hand, hiQ Labs has not announced any comments.