[mythtv-users] Free US/Canada Listings
fancypantalons at gmail.com
Tue Sep 11 21:12:10 UTC 2007
On 9/11/07, Gabe Rubin <gaberubin at gmail.com> wrote:
> On 9/11/07, Brett Kosinski <fancypantalons at gmail.com> wrote:
> > However, none of this is to say that screen scraping is legal. In the
> > it's apparent that one can run afoul of the CFAA, through which a number
> > cases were found in favour of the plaintiff. In other cases, trespass
> > into play. Either way, this fits with my original supposition: that
> But why would it be trespass to chattels? Because the TOS
> specifically prohibit that activity? Absent that, there a court
> likely would not hold that way.
Yeah, that's a good point. According to that page, some courts found that
scraping constitutes trespass to chattels because a computer system amounts
to "private property", to which companies "[grant] conditional access",
which I read to mean that the TOS provides the conditions under which the
computer system may be accessed.
However, to be pedantic (as I am wont to do), even in this case, the TOS
still does not form a binding contract between the two parties, at least in
the traditional sense. :)
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