Archive of UserLand's first discussion group, started October 5, 1998.

Re: I Require Permission

Author:Jeremy Bowers
Posted:9/2/1999; 11:49:18 AM
Topic:Automated deep linking
Msg #:10469 (In response to 10468)
Prev/Next:10468 / 10470

I've been looking at it from an implied-permission viewpoint. It's weak, legally speaking, but that's all we seem to have (to my knowlege). Putting up an HTML page grants permission to users to view it (and in the process make a number of copies), in general. Obviously, it doens't go much beyond that. Since you have no inherent right to view/consume the material, this is the only basis I can understand to say that I have the legal right to view www.scripting.com. (Note, this is the "right" as in "able to do something without fear of legal consequence", not "rights" as in "Constitutional right to free speech".)

By putting up an RSS, in a format whose only public purpose is the enablement of scraping, you can claim that you enable certain rights implicitly by placing it up there. (Claiming otherwise renders all scrapers currently doing things they have no right to do, which may or may not be a bad thing [not expressing an opinion here].)

That's where I make the distinction, and you are correct in noting that without explanation my opinions seemed contradictory. As it is, "implied consent" isn't all that strong of a legal principle, but frankly, we've built nearly the entire Internet on the principle already.... so... it should come as no surprise that this is also a weak view.

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