> Why would a site purposely build a web service around a copyrighted
work,
> not require authentication to it, then fault me for accessing it?

That's still doesn't mean they are giving you the right to hammer it
100xSecond, and for your own profit.

In addition you are confusing the intention of the "Fair Use" doctrine.
>From the actual law, (not Wikipedia):

"Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright."

http://www.copyright.gov/title17/92chap1.html#107
http://www.copyright.gov/fls/fl102.html

Just because they don't require authentication doesn't mean you aren't
subject to their Terms of Service/Use. Fair Use only covers you when
your purpose for using it aligns with the law, not your interpretation
of it.


--
Eric Marden


-----Original Message-----
From: Greg Donald [mailto:[EMAIL PROTECTED] 
Sent: Thursday, May 08, 2008 12:25 PM
To: fw-general@lists.zend.com
Subject: Re: [fw-general] Web services & licensing issue

On 5/8/08, Marcus Bointon <[EMAIL PROTECTED]> wrote:
>  So you're saying that you think all public web pages are
copyright-free?

Yes, they are protected under the fair use doctine:

http://en.wikipedia.org/wiki/Fair_use

<snip>
Fair use is a doctrine in United States copyright law that allows
limited use of copyrighted material without requiring permission from
the rights holders </snip>

Why would a site purposely build a web service around a copyrighted
work, not require authentication to it, then fault me for accessing it?


--
Greg Donald
http://destiney.com/

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