[mythtv-users] Free US/Canada Listings

Jay R. Ashworth jra at baylink.com
Tue Sep 11 04:53:54 UTC 2007

On Mon, Sep 10, 2007 at 03:09:48PM -0700, Rod Roark wrote:
> From: "R. G. Newbury" <newbury at mandamus.org>
> ...
> > A scraper writer who publishes his code, so that others may
> > circumvent a technological measure is clearly a criminal under the
> > DCMA  see 17USC s.1201 and 1204.  (try thomas.loc.gov). There is a
> I don't understand your repeated references to the Defense Contract
> Management Agency.  They might take exception to this.

He meant the DMCA, and you know it.  If you're going to do spelling
flames, make them a *little* less esoteric, ok?

> > limited area in which a screen scraper may be legal. It must be
> > written to scrape pure data, which data is not protected by any
> > technological measure, and which data is not copyrightable.
> > Remember that pure data, such as telephone directory listins, or tv
> > schedule listings is not copyrightable. TV show descriptions may be
> > copyrightable text, however, depending on whether the party being
> > scraped wrote that text, or is merely transmitting it. So the line
> > is fine and also implicates questions of fair use copying. If it is
> > scraped for personal use, then it can be a fair use copying. It all
> > depends....
> You have no idea what you are talking about.  Unless you can tell us
> where you got your law degree from, you'd best not be giving legal
> advice on this forum or anywhere else.  IANAL but I'm pretty sure you
> can get in trouble for that.

No, I'm pretty sure he *is* an attorney, and he's not telling us where
he's licensed to practice precisely *because* he doesn't want to get in
trouble by being seen to be giving advice.

It's federal law anyway; doesn't matter which state he's licensed in.

> > And the 'worst' is far more damaging than a letter from someone.
> > They could effectively be bankrupted by the need to defend
> > themselves from a groundless complaint.
> In the U.S., anybody can sue anybody for anything, and cost them large
> sums in legal fees.  That's a hazard of living in this country.  Those
> who would censor themselves for fear of that do not deserve to remain
> free.
> Really, I don't know what your agenda is in spreading FUD like this
> so repetitively, but I find it plain offensive.

Rod, you're heading down the Robert Current track.

We've all been *exceptionally* clear in explaining precisely why it is
that we would -- as the community of this list -- generally prefer to
see discussion of scraping-which-violates-expressed-terms-of-service of
listings providers --

especially one whose board chairman runs this list and makes your
favorite software --

done on other lists that Isaac isn't on the hook for.

If you *still* don't get it, have the grace to request further
clarification offlist, please?

-- jra
Jay R. Ashworth                   Baylink                      jra at baylink.com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com                     '87 e24
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274

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