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Protecting against Scraping of Prices, SKUs with 2 effective ways

Copyright Protection

It is worth addressing copyright protection of databases first. Terms-of-use agreements become an important tool due to the fact that just limited copyright protection is extended to database. Combining SKUs and product lists into a database does not render by itself the database copyrightable. If a database contains content other than facts, such as product descriptions, copyright protection can extend to that content provided it consists of original, creative expression. In case the selection, arrangement of a database is sufficiently creative, it will be protected by law.

However, if your products is just scraped and rearranged by the competitors, it may not constitute copyright infringement. Or else, if they replicate your database, that is illegal and you can sue for copyright infringement.

That’s why you need to protect you copyright carefully. Besides, you can get numerous benefits like providing the registrant with the ability to file a federal lawsuit for copyright infringement.

You will lose the ability to obtain statutory damages if you don’t file for protection.

Terms-of-use Agreement

If your competitors just scrape a part of your product database, you can use copyright law to them. So, the best way is a well-drafted terms-of-use agreement.

If the SKU scraping, a terms-of-use agreement will support storeowner with a breach of contract cause of action. A well-drafted terms-of-use agreement will contain a provision that limits the license to use the website, which is granted to the end user, to natural individuals, and it will explicitly prohibit bots and scraping tools from accessing the website.

It might be hard to protect scarping, however, if it is detected, the violation of the terms-of-use agreement can be used as a basis for a breach of contract claim. And, in a dispute between competitors, the non-scraping party may learn, through discovery, that its competitor has been scraping its website. In these cases, a breach of contract claim could add additional leverage to force a settlement of the lawsuit.

Hope that you can after reading this post, you can save you website from scraping of prices, SKUs.

Thanks for reading.

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