XCancel suspended "due to a new development in the ongoing legal proceedings"
xcancel.com219 points by unfocso 3 hours ago
219 points by unfocso 3 hours ago
Regardless of the legality of the service:
I always use xcancel instead of X. I don't have a twitter account and I don't want to sign in. I just occasionally want to read what some people had to say about something. Even this is usually a mistake. It's probably better taken as entertainment.
My point is: companies stop making your product suck, and people won't have a reason to try and fix it for you.
Thanks Elon, now we know that scraping is illegal! Very good to clarify that for future proceedings against the AI thieves.
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?
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.
Pretty sure it's legal when you do it for your own use (same as browsing a website) but it's illegal to redistribute web scraped results.
It's not that cut and dry or else search engines wouldn't be legal. It depends on how much is used, for what context, etc. This very well may wind up being fair use.
Search engines "modify" it ie. show snippets + direct to the actual site.
In general fair use pretty much always requires it to be transformative and/or point to the source. Simply scraping it to prevent people from going to X isn't free use in any definition I've heard.
I wonder what legal gymnastics are needed for "I can scrape anything off the web ignoring copyright and build a product from this, but you can’t even display what’s on my webpage elsewhere”.
Perhaps that is it in fact. The act of protecting it from scraping means you object. 99% of the blogged contents etc. Big AI helped themselves to was just… there. Public. Not free from copyright but still not paywalled.
Precedent is pretty clear: competitive uses bad, transformative uses good. Xcancel scrapes and then competes directly with X, whereas LLM labs scrape the internet to make an agentic intelligent bot, a transformative use of the scraped content.
> Xcancel scrapes and then competes directly with X, whereas LLM labs scrape the internet to make an agentic intelligent bot, a transformative use of the scraped content.
It seems unreasonable to stop there though; the agentic bots are designed and marketed as able to compete with the initially-scraped sources.
I'm not convinced that a competitive use at one remove should be treated as not competitive.
I think that's more true in image generation than in text? At least, all the money is in LLMs that write code, not LLMs that write O'Reilley-style coding books.
I think LLMs providers pretty directly compete with content they scrape like Wikipedia and SO...
Remember the golden rule of the golden rules:
Who has the gold makes the rules.
If a society operates under a rule like this, it is no better than Russia or any other tyranny where law is for me but not for thee. This is not how it should work in a supposedly free and lawful country.
No kidding. I dunno what kind of traffic loss Wikipedia has had but SO is really dead these days
If they weren't competing with AI then why is AI killing it?
There's a difference between creating a market for something better, so that nobody wants the old thing, and competing _in_ the market for the old thing by copying it directly.
And what would be a read-only version of X like XCancel compete against, exactly? Ads impressions? That would be the only possible thing yet they don't add any ads.
It's depriving X of impressions that they could monetise, no? Xcancel doesn't have to make money itself, it just has to impair the rights of the copyright holder. Otherwise piracy would also be legal as long as it were non-profit...
> Otherwise piracy would also be legal as long as it were non-profit...
Which is in a few jurisdictions, or at least is not prosecuted if it's for personal use. Also, according to your definition, the creator of uBlock Origin or any other adblock system should be sued in the same way, because they are depriving $ADS_CORP of their precious impressions.