Exploring the Web: Unveiling the World of Crawlers

Ever wondered about the digital counterparts of our eight-legged friends?

Meet the #spider/Crawler, the tech-savvy computer program (#searchengine) scouring the web for #content/information/data.

Just like a real spider spins webs to catch prey and navigate its surroundings, a web spider navigates the #internet by following links and collecting data from various #web pages (Yikes to both these spiders as a human and an #IPAttorney!).

Although copyright #protection for the scrapped information/data seems a valid route of action, it is not always the best one. Firstly, a copyright infringement claim would depend on whether the information/text that was identified and retrieved qualifies for copyright protection in the first place. Secondly, the answer to this first question and subsequent decision as to #infringement (if the scrapped information was found eligible for copyright protection) will vary from one country to another depending on their #copyright laws.

A possible solution was presented in the #Ryanair Ltd. vs PR #Aviation case. The #CJEU had stated that no #iprights subsisted in the scraped data (therefore, no infringement) as the database did not have the requisite creative input. However, it was clarified that website owners can restrict the use of such mined data through its terms and conditions. That is, the unauthorized use of the data can be challenged based on a breach of contractual use obligations. Another interesting read on the topic is the AP vs #Meltwater case. The US had held Meltwater liable for copyright infringement whereas, the UK had denied the same. In essence, while the legality of web scraping may seem black and white, it's a story painted in shades of gray, with contractual obligations and jurisdictional disparities adding layers of intrigue.

So, next time you encounter a web crawler, remember—it's not just a #digital arachnid, but a player in the complex dance of law and technology.