http://www.robotstxt.org/faq/legal.html
Can a /robots.txt be used in a court of law?
There is no law stating that /robots.txt must be obeyed, nor does it constitute a binding contract between site owner and user, but having a /robots.txt can be relevant in legal cases.Obviously, IANAL, and if you need legal advice, obtain professional services from a qualified lawyer.
Some high-profile cases involving /robots.txt:
- Healthcare Advocates vs The Internet Archive
- Use of web archive did not constitute hacking, says US court
- Federal Judge Clears Law Firm Accused of Hacking Opponents' Web Archives
- US law firm cleared of robots.txt DMCA hacking charge
- Healthcare Advocates -- The Incredible "Lawyers as Hackers" Case
- More on Silly Lawsuits - Internet Archive and the BBC Flap
- Copiepresse (Belgium) vs Google
- AFP vs Google
- eBay vs Bidder's Edge
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I
believe you're asking if a Web site owner has any chance of winning a
case against a party that uses a Web crawler that downloaded data
automatically despite the presence of the robots.txt entry requesting
that crawler not to download/follow/index data.. correct?
As Jascha Wanger mentioned, there are no laws to enforce regarding the Robot Exclusion Standard. There are many well known measures that can be taken by the Web site owner to restrict crawler access, such as .htaccess basic authorization/authenticat ion [1] and CAPTCHA [2]. The only argument
that the Web site owner might make is trespassing [3], and without any
actual safeguards in place to actually keep unwanted users/crawlers out,
an every day user with a standard Web browser, aided without any
special expertise, could accomplish the same task of downloading that
Web site data.
There is case law to review [4] around crawling. But probably the most important thing to consider is any legal contract/agreement between the parties. So, for instance, if a Web site owner has an agreement with a third party with provisions about obeying robots.txt, the Web site owner has firmer legal ground if the third party does not comply with provision.
1. http://en.wikipedia.org/w iki/Hta...
2. http://en.wikipedia.org/w iki/CAP...
3. http://www.freelegaladvic ehelp.c...
4. http://www.robotstxt.org/ faq/leg...
As Jascha Wanger mentioned, there are no laws to enforce regarding the Robot Exclusion Standard. There are many well known measures that can be taken by the Web site owner to restrict crawler access, such as .htaccess basic authorization/authenticat
There is case law to review [4] around crawling. But probably the most important thing to consider is any legal contract/agreement between the parties. So, for instance, if a Web site owner has an agreement with a third party with provisions about obeying robots.txt, the Web site owner has firmer legal ground if the third party does not comply with provision.
1. http://en.wikipedia.org/w
2. http://en.wikipedia.org/w
3. http://www.freelegaladvic
4. http://www.robotstxt.org/
There
is no actual laws on the books stating people must obey a robots.txt
file. But I have heard of sites trying to use for example a harsh
crawler that does not obey the crawl delay to threaten legal action
since they can then prove that the crawler adversely impacted their
site's performance. This can be then give way to the argument that it
caused lost revenue and other damages. Not sure how well that would hold
up in court. But in the cases I have seen the threat of legal action
sufficed. The robots.txt would just be valuable evidence since it can be
proven to be a web standard.
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