[mythtv-users] Free US/Canada Listings

[Brett Kosinski]

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
> US,
> > it's apparent that one can run afoul of the CFAA, through which a number
> of
> > cases were found in favour of the plaintiff.  In other cases, trespass
> came
> > 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. :)

Brett.
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