[mythtv-users] Free US/Canada Listings

[Gabe Rubin]

On 9/11/07, Brett Kosinski <fancypantalons at gmail.com> wrote:
>

>
> TBH, I'm not convinced they're supportable by contract law, either.  In
> order for a contract to be enforceable, both parties must agree to it.  What
> you're suggesting is that, by simply visiting a website, I am agreeing to a
> contact, and that seems dubious at best.
>
> Oh, and BTW, by reading this email, you agree to send me $20. ;)
>
> Of course, I'm not aware of any TOS being tested in court (I'd love to hear
> of any case law to the contrary), and I will freely admit IANAL, so this is
> all just speculation on my part.  My own guess is that, if screen scraping
> were found illegal in a court of law, it would be because it runs afoul of
> other laws (eg, theft or denial of service, etc).
>
> Brett.
>

I am not 100% certain it involved breach of contract claims (it has
been several years since I read the case,and I am not going to reread
it now), I know this case involved a whole host of other legal claims:
ebay v. bidders edge.  You can also see
http://www.wilmerhale.com/publications/whPubsDetail.aspx?publication=1948
for a memo on why scrapers can be so legally problematic.

And while it may seem that TOS and EULA sare not legally enforceable,
and indeed, some courts have refused to enforce them, there are quite
a few courts that have enforced TOS and EULAs.