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

Abstract

‘Data scraping’, the automated extraction of website content and its subsequent reuse of on third party websites, recently made the headlines when the UK airlines, Ryanair and Easyjet, took steps to prevent the aggregation of their flight data. In Belgium, the ongoing dispute between Copiepresse and Google rumbles on. This article explores the possible options open to the ‘scraped’ wishing to protect their content from the ‘scrapers’. The article considers recent developments in copyright law and the potential for the enforcement of database rights and website terms of use in the fight against scrapers. The article also examines the possibility of bringing prosecutions under the Computer Misuse Act (and its US equivalent) and looks the USA where the scraped have successfully used the tort of trespass to chattels in the fight to protect content. Finally, there is discussion as to whether both the scraped and scrapers may put themselves in breach of European data protection legislation in allowing and performing scraping activities. As the web continues to develop and we edge ever closer to a ‘Semantic Web’, it is inevitable there will be a further rise in data scraping and the unauthorized use of website content. With a lack of case law or dedicated legislation in this area, it is imperative that the content-rich have an understanding of the options available to them in seeking to protect and enforce the rights in their content.