Is the ban on site scraping legally binding?

Question

Parsing

Constantly I meet on sites analogues of the phrase "Automated extraction of site information is prohibited." Do I understand correctly that legally this prohibition has no force?

Answer 1

Any additional legal restrictions (in addition to what is required by state law) can be imposed on the user in only one way - by VOLUNTARY (on both sides) entering into an agreement. This is usually implemented in the form of a user agreement when registering on the site. In this case, one party (the site) undertakes to provide some services (for example, access to some information), while the other party (user) voluntarily assumes some restrictions (for example, not to use any automated means to extract, information provided to him). This agreement enters into legal force from the moment you click on the "I accept the terms" button (see acceptance ).
Since it is in principle impossible to conclude any contract with an anonymous person (obviously), it is impossible to impose any restrictions on an unregistered user (in excess of those existing in the law).
But all of the above is only about the WAY the user interacts with the site (automated/manual/foot/etc.). As for the content itself, which the user consumes, all copyright rules apply to it (regardless of the method in which it was obtained). Since copyright (as a state law and an international agreement) applies to everyone without exception (including anonymous ones), it is not required to conclude any agreement with the user (and force him to register). It is enough to mention (preferably in a conspicuous place) the prohibition on the use of this content for any purpose other than personal acquaintance. This is acceptable on the basis that the owner of the exclusive rights to the content can determine any restrictions on its use. What it gives: content, collected by automated means, can not be used in the future in any way without violating copyright law (this is more serious than violating the user agreement). This is a complete legal dead end for someone who wants to scrape (even if it is legal in itself).

Answer 2

Most likely it doesn't. The information is in the public domain, and how you get it: by the browser (possibly with subsequent saving locally) or by the parser, no one should care. Otherwise, some kind of speed limit for obtaining information is obtained. In the end, the browser just automatically retrieves the information, you do not manually render the pages :-D
PS But all this is just my IMHO.

Answer 3

By creating a Software Product based on some technology stack, the developer accepts all of its capabilities and uses.
Therefore, the user has the same right to use all the possibilities and methods provided by the platform and technology stack chosen by the developer.
Now, if the user violates the integrity of the product, illegally gains access to closed functions, and that's all, then this is pure criminality, about which no warning labels should be made. Everything is so clear.

Answer 4

The information on your site already belongs to you (copyright), no one else can use it for profit without your consent.
The question is, are you willing to prove these two facts: that it is your information and that it was used for profit. And what was written there on your site (excluding permission for anyone to use the information in any way) roles, by and large. does not play.
The prohibition you are talking about is just a reminder of copyright and a warning that the author is ready to contact the courts, if anything.