> On Tue, Nov 21, 2000 at 10:07:00PM -0500, Al wrote:
> > Not a lawyer but when you put something onto a web page you have
> > conformed to a well known pattern that would expect an
> action to take
> > place. For example if I put a stack of leaflets on the counter of a
> > local store that said "Rumage sale next Week" and gave an address of
> > where to go I do not think that you would have much luck charging
> > someone who took a leaflet with stealing. Even though the
> leaflet does
> > not say "take one".
>
> Picking up a leaflet does not involve making a copy of it.
Right, taking something that is not yours would be stealing, which is what I
said. The point is that when things are set up in well understood way there
is an implied agreement or permission. If you put a file on a server and
configure the http daemon to copy and transmit the file when requested you
have granted permission.
>
> Pulling something off of a web site involves creating a copy on your
> local machine.
>
No, reading a CD-ROM on my own drive and putting the contents on my hard
disk would be _me_ making a copy. Your (their, his, her) server reading a
file into memory and then sending the image across the network is a
different thing:
1) The http and/or ftp daemon was configured to perform this task. The file
must be in a location the server software can access. It required deliberate
action.
2) There is no attempt to hide or protect the files, on the contrary. The
files are placed in a location that by published standards can be be
accessed
3) This is not the same thing as leaving a door open on my house. There are
clear instructions on the web pages that show exactly where the software is
located and how to make the copy.
>
> Are you suggesting only certain file names are legal to browse?
>
I am saying that there are well known standards that create an implied
consent. If I ftp to a server and enter a user name of 'ftp' and it responds
'anonomyous logins permitted' then by convention I may access the /pub
directory and have the server send me a copy of the files that it makes. By
the same standards I may not use a defect in the ftp daemon and fetch
/etc/shadow.
If I connect to port 80 of a machine and its http daemon makes a copy of
index.html I understand that this is happening with the consent of the
server operator.
-
"One of the best examples of pure democracy in action is the lynch mob"
- AA4YU
