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

Re: I Require Permission

Author:Kent Spaulding
Posted:9/2/1999; 3:12:36 PM
Topic:Automated deep linking
Msg #:10478 (In response to 10470)
Prev/Next:10477 / 10479

Exactly, we cannot forget 'fair use'. Let's not cloud the issue here - it matters not who does the scraping.

In the absense of permission, what matters is how scrapers use the scraped material. They can use a little material (links) or a lot (complete inclusion) and at some point cross the legal line and violate copyright laws.

How does RSS address this issue? Dave seems to feel that the presence of an RSS grants some level of permission. Seems reasonable, but how much permission does it grant? Is it more or less permission than the fair use policy?

If an RSS file doesn't grant more permission than what the courts would consider fair use, then RSS should not be thought of as permission. It is totally impotent unless it allows more use than what is already considered fair.

Here's the rub - does anyone really know what 'fair use' is with regards to the web? Are there solid precendents?




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