[mythtv-users] Free US/Canada Listings

Brian Wood beww at beww.org
Tue Sep 11 21:25:28 UTC 2007


Brett Kosinski wrote:
> 
> 
> On 9/11/07, *Gabe Rubin* <gaberubin at gmail.com
> <mailto:gaberubin at gmail.com>> wrote:
> 
>     On 9/11/07, Brett Kosinski <fancypantalons at gmail.com
>     <mailto: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. :)

Or, to put it another way, there was no "Meeting of the Minds", and thus
no "contract".

beww


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