Comment by immibis2
7 hours ago
Everything is both legal and illegal until a lawsuit happens. Then it collapses depending a little bit on the facts and mostly on who has the better lawyers.
I suspect Nitter's first round with lawyers pointed out that scraping is legal, but now they have been threatened with something else than scraping - Elon claims something else the way Nitter runs is illegal, such as the use of fake accounts to circumvent an access control device (DMCA 1201).
At the end of the day, as an individual or a team or a company, regardless of the statue and case law, you have to perform the calculus on your monetary and legal resources versus your counterparty.
Obviously ungrounded and frivolous cases tend to be easier to defend asymmetrically, but if I was X's legal team, there's no shortage of semi-plauisble claims I could throw at the wall and see what sticks.
As an example of this imbalance in action, BrightData is a 'gray area' company that basically does this exact kind of scraping. They have somehow won against Meta Platforms suing them, and even got X's lawsuit against them for scraping -- identical (?) activity to XCancel -- dismissed.
According to Wikipedia:
> In May 2024, a federal judge dismissed the suit, ruling that Bright Data did not violate X's terms of service or copyright by scraping publicly accessible data.[24] The judge emphasized that such scraping practices are generally legal and that restricting them could lead to information monopolies
But does XCancel have the resources of a company like Bright Data, that's funded and used by companies like Deloitte and Moodys?
If the name Bright Data is ringing a bell to anyone, it’s probably because they are a (the?) primary offender running the LG TV “residential proxy” (botnet)
Which, btw, was the least bad thing about those TVs. I support residential proxying as a means to liberate public data that's being held captive by people like Elon.
And the company's previous name was, ominously... Luminati.
Notice it says "terms of service or copyright". If X's lawyers have any intelligence, they'll have a reason why XCancel is not identical to Bright Data. Perhaps this time, instead of claiming it's a copyright violation, they'll claim it's wire fraud because multiple accounts are used.
I wonder if anti-SLAPP laws could be used to shield nitter: https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...
Scraping is legal, but IIRC scraping authenticated contents is not.
Isn't Nitter abusing account sign-in for this?
Anyone can make an account, though, and instantly access that content, so Elon doesn't really have any leg to stand on by claiming they're private. It's not the same as Cambridge Analytica scraping stuff you had to have certain privileges to see by tricking the system into granting those privileges.
Not true. Creating an account requires agreeing to the ToS. And if the ToS prohibit this kind of usage, then legally, it's not allowed.
See hiQ Labs vs. LinkedIn. hiQ was scraping LinkedIn using accounts, and they were found to be in breach of LinkedIn's terms.
Elon unfortunately may have a leg to stand on, because it doesn't functionally matter whether "anyone can make an account and see it". I don't believe any legal ruling to date has been fine with that distinction.
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But if they ban the nitter operator surely you can't just bypass that ban legally by making a new X account. That there are bans and the operator has to bypass bans by pretending to be a new person I think that this makes it different.
It's like a club that checks ids to ban people. I wouldn't call that club open to the general public.
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To fix this:
1) Nitter offers a deal: download our browser extension, sign up for Twitter, and we'll give you some kind of perk (Amazon credits, whatever).
2) Browser extension surfs Twitter on the user's behalf, scraping and sending copies to Nitter.
3) We find out how serious the legal system is about prosecuting scraping.
The whole point is not signing up for twitter. If signing up for twitter wasn't a problem, Nitter wouldn't exist in the first place.
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Yes, that's what they went on to point out.
Aurora Store does the same thing to facilitate downloading Play Store apps.
I like this framing, like Schrödinger's cat.