| Abstract [eng] |
The master thesis analyzes the problematic aspects of copyright, sui generis and contract law that arise in relation to web data scraping activities. While analyzing the mentioned topic, significant legal acts and insights of scholars of Lithuanian and foreign legal doctrine, as well as the law interpretation made by courts are analyzed. The issue is addressed from a practical perspective: web data scraping is a fairly widespread practice, but due to a lack of legal certainty, persons conducting data scraping activities are extremely cautious, sometimes even covert. The lack of legal certainty also leads to uncertainty for the other side of the data scraping relationship, the rightsholders, who do not always know how their infringed rights can be protected due to a lack of regulation and the specificities of data scraping activities. The thesis examines the concept of web data scraping, the status of a website as an object of intellectual property rights, potential infringements of copyright and sui generis rights, restrictions on these rights and, finally, the possibilities of applying the contract law institute to prevent data scraping activities. The aim of this master thesis is to asses the situation in practice, that is, to determine which legal remedies are most effective in defending one's violated rights and to take preventive measures in the case of web data scraping. The master thesis also analyzes the issue of contractual civil liability of data collection service providers and seeks to determine which entity should be held liable for breaches of contractual obligations for data collection, as well as foreign court decisions in data collection cases. |
