this post was submitted on 18 Jun 2025
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ToS are legalese bullshit. They mean next to nothing since most stuff if it comes to court, gets annuled.
ToS kind of does protect you, but holding tge service hostage or not (as in you can't watch one little youtube video without selling your soul to Google) doesn't make a big difference - rrasonable expectations are that users own their content (as is the case in youtube's case - youtube doesn't ponce on your videos afaik), although they do own rights to distributing it (obviously), and using sane technological measures to prevent what they don't want. In youtube's case that's watching e.g. privated videos, and in another case it can be AI scrapers.
Robots.txt is, just like a ToS, a contract. It just isn't legalese as it isn't meant to scare people, but be useful to programmers making the site and those using the scraper. They're programmers, not marketers or lawyers, of course they won't deal with legalese if they csn avoid it.
Again, law is not leagese.
A robots.txt file is a contract by use,like when you park in a charge zone - entering the zone, you accept the obigation to pay.
When you scrape a site you first check for robots.txt in all the reasonable places it should be, look for its terms, and follow them... If you don't want to riskgetting sued.
Similarily, entering a store, you are expected to pay for what you take. There is no entry machine like on a metro where you, instead if swiping a card, read the store's T&C's, but know that it's common sense security will come after you, if not the police. Yet you clicked no "I agree"? How come you don't just take what you want?
And robots.txt is a mature technology and easily a "standard". Any competent lawyer will point that out to the jury and judge, who will most likely rule appropristely. The Internet is not the Wild West anymore.
Listen man I've been working with web scraping for years though now I do the exact opposite (anti bot tech) and robots.txt is absolutely meaningless and there's zero precedent in the US or elsewhere of it doing anything but providing web crawlers a map of your web site.
I can tell you the thing we tell to all of our clients - the only way to sue bots is to sue for direct damages not for automation. This has always been true and will continue to be true for foreseeable future in the US because you its impossible to set a precedent here as there are just too many players involved that benefit from web automation.
You can actually check out:
These cases are very recent and huge in web automation community and went all the way to the Ninth Circuit and settled at Supreme Court in favor of bots.
I'm telling you man copyright is so ruined that it's really just a machine for feeding middle managers and lawyers. But hey it gives me a great job security and I can afford to work on actual free software which as you might know is invredibly hard to fund otherwise!