[mythtv-users] Free US/Canada Listings

Brett Kosinski fancypantalons at gmail.com
Tue Sep 11 20:13:33 UTC 2007


On 9/11/07, Gabe Rubin <gaberubin at gmail.com> wrote:
>
> On 9/11/07, Richard Freeman <r-mythtv at thefreemanclan.net> wrote:
> > Chris Petersen wrote:
> > >
> > > The website owners, copyright owners and copyright licensees have the
> > > right to restrict the methods by which people access the information
> > > they're providing.
> >
> > Only within the limits of copyright law.  NFL broadcasts include a
> > "terms of use" statement preventing many activities that mythtv probably
> > violates.  However, this does not make recording them illegal.
> >
>
> Chris' statement should probably be understood that website owners,
> et. al., can use contractual restrictions to do what copyright law,
> itself, may not provide.  The issue with a lot of these terms of
> service are not that copyright law is what makes them meaningful (and
> potentially enforceable) but rather common law contract principles.
>

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.
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