On Tue, 27 Nov 2007, Jim Schneider wrote:
> David Landgren wrote:
> > Finance::FuturesQuote scrapes information from a web site that
> > offers (I would imagine) futures quotes.
> >
> > The author of this module has received a cease-and-desist letter
> > from the owner of the web site, since the module is in violation of
> > the Terms of Use.
> >
> I'm guessing, since the website's owner sent a c&d, that this is
> information that's available without having to log in or solve a
> captcha. That would give the site's "Terms of Use" about as much legal
> standing as those disclaimers of windshield damage liability on the
> back of dump trucks. I'd be surprised if the module's author were to
> actually be sued over this (although stranger things have happened),
> especially since the author no longer has control over the module.
>
> Of course, I can't impose my own risk tolerance on anyone else, but I
> doubt I'd be willing to go through this many hoops for a cease and
> desist with no legal basis.
>
> Disclaimer - I'm not a lawyer, just a guy who's had to talk to way too
> many of them.

This has come up before (e.g. the WWW::EuroTV removal request in 2003).
I still have the same opinion I had back then:

| I think this discussion is missing the point. It should not be: "What
| can we legally get away with?", but "Do we have the courtesy to
| respect the wishes of publishers of information?", even if their
| wishes might not be legally enforceable.
|
| Since this is about Perl advocacy, I would like to quote a bit of Perl
| culture: "It [Perl] would prefer that you stayed out of its living
| room because you weren't invited, not because it has a shotgun."
|
| I think the same rules should apply for screenscrapers too: If website
| owners don't want their pages to be scraped, then people shouldn't do
| it and get their information elsewhere. It is like honoring a
| robots.txt file. It is probably not enforceable, but it is the right
| thing to do.

  http://www.mail-archive.com/[EMAIL PROTECTED]/msg01761.html

Cheers,
-Jan

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