sharing this in the event some of you instance admins haven't seen it. i checked ours, he's using the user agent string "unshortenit 0.4.0" and has been hammering at the rate of 5r/s since 01/Dec/2023:00 :28:46 +0000
ive blocked the user agent string and blackholed the ip. apparently this guy @Drand was given grant money to do this and is conducting himself in a malicious manner. perhaps some of that grant money should be given to instance operators
Hit his isp with a dmca notice. He's scraping copyright material. Scraping the whole fucking fediverse is not fair use even if it's being used for academic purposes. 🤷♂️
Copyright infringement is still a viable angle against scraping. Who owns the right and thereby has standing is typically the issue. Thus, a dmca notice would have to be specific as to what was accessed / copied and those specific items would need to be copyrights held by the person who sends the notice (or on whose behalf the notice is sent). Who owns the rights is often defined by the ToS, for example twitter's tos states that the users owns the rights in their posts, Twitter just holds a perpetual, universal license to republish.
As a counter example, I have scraped sites myself, but when I have, I've targeted specific files in which the operator has no copyright, e.g. vgm files from various video games, though someone else may well hold the rights. Nonetheless, the operator would not have standing.
It's also possible that it may constitute a technical breach of contract, at least in California, if ToS limits the reasons for access and/or prohibits scraping.
@Humpleupagus@natalie@graf didn't the linkedin case invalidate this line of reasoning? (genuine question, always interested to learn about the state of things regarding copyright)
How about you stay in your lane fuckboi you losers already melt down whenever someone says something "problematic". How much more moderation do you need
@Xeraser@graf@natalie@Drand So I'm drudging up a lot of information about the guy running this project. He's cited in a STRATCOM journal, does intense research into misinformation, undermines Russian internet research, has an interest in 4chan, he's got a long list.
@Xeraser@graf@natalie@Drand I got scraped thousands of times according to graf. It would help these glownigger retards to do the slightest amount of research into the communities they try to fuck with. One of the most socially ostracized individuals, walled off by direct choice and holding a block list of over 9,000 damned souls, probably isn't the best place to start. I don't say anything politically relevant except fuck niggers. Niggers ought to go after these eloquent ink and feather ass homies writing Shakespearian epics about it. :catnoears:
As much as I hate law, and trust me, I really do,* you have to use the weapons available to fight your enemies.
*I do a lot of civil defense work. I prefer private settlements / agreements to public law. I generally believe that people need to solve problems themselves and without daddy government being involved.
A photo of a billboard may well violate copyright as a technical matter. Whether there are damages, which is required for standing's injury in fact element, is a separate issue. Nonetheless, this is why you would often see apparel logos blured out on shows like cops back in the day.
A better analogy may be tubi. They allow anyone to watch movies available via their service for free, but that doesn't mean that you can scrape their database and keep copies on your computer.
The fediverse does have one feature that may cut the other way, and that's media proxy, where a server makes and keeps local copies of remote media. There is a counter argument that does align with my tubi example though. By using certain software, like pleroma, Instance operators have licensed their content to be used / copied via media proxy. That doesn't entail a global license to use copyrighted material for other purposes.
Just because I have a poast logo cached somewhere on my server doesn't mean that I can make and sell poast swag or otherwise use the material for purposes other than the purposes of federating poast.
@Humpleupagus@natalie@graf ok yeah the standing thing makes sense. I'm a bit confused about the copyright claim itself tho because isn't putting something up on a public website (specifically no login required) analogous to posting it on a billboard? so you'd be pursuing someone for (metaphorically) taking photographs of a billboard? not for redistributing said photographs, merely for standing on the street taking them. or am I looking at this the wrong way?