[meteorite-list] EBay analysis (preliminary)
From: LITIG8NSHARK_at_aol.com <LITIG8NSHARK_at_meteoritecentral.com>
Date: Thu Apr 22 10:28:36 2004 Message-ID: <84.1b92cd67.2cd14d8f_at_aol.com> -------------------------------1067447183 Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit Good day Folks, I have been following the thread about the compilation of statistical information regarding the sales/purchases of meteorites on eBay. Personally, I found the compilation both interesting and informative and I have no objection to having been included in the published compilation. That having being said, I'd like to preface the following by stating that while I am by no means an expert in "cyber law", I am an attorney. I must admit that when "robots" were mentioned in a recent post to the list I had to do some research to try and figure out exactly what a robot was and what it did. I don't claim to be a computer programer/analyst either. Now that I have a rough idea what a "robot" is and what it does I'd like to share some of my thoughts regarding the compilation of statistical information from eBay. I accessed eBay's policy regarding the use of robots on it's site. I agree with one writer's proposition that one of the reasons eBay prohibits robots from accessing its site, in some circumstances, is to prevent a drain on its server. However, I can't entirely agree that that is eBay's primary goal. In October 1997, eBay was involved in a serious dispute with Onsale, a competitor, over Onsale's use of a robot program to harvest the email addresses of eBay users. (Note that in 1997 eBay made it much easier than it is today to access the email addresses of members.) I suspect that it was subsequent to this dispute that eBay placed in its User Policy the prohibition against use of robots, spiders etc. It would appear that eBay is also interested in protecting itself from what it views as unfair competition. As can seen below in a paste of the pertinent part of eBay's user policy regarding Access and Interference, the use of robots is clearly prohibited absent express written permission from eBay. The policy language goes further in requiring that, even with eBay's express written permission to use a robot for the creation of a derivative work (compilation of statistical information) on any other member other than yourself, you are obligated to obtain the express written permission of the "third party," which I interpret to mean the party who's information you are seeking to compile. This, I believe, is intended, at least in part, to provide for some level of privacy for eBay members. >From a strict reading of eBay's policy language one could reasonably infer that it is not only the public dissemination of the compilation of statistical information that is being prohibited, absent the required express written permission of eBay and the third party affected, but also the private (unpublished) compilation itself. However, I sense that the prohibition of the compilation of statistical information for the purely private use of the compiler might not be enforceable in court and might be attacked as being vague and overbroad given that eBay's software actually provides tools that allow for the compilation of such information. Granted, without the use of a robot program the compilation would be very time consuming, if not entirely impractical. Finally, putting aside any legal implications (as far as eBay is concerned) of compiling statistical information about eBay members, the publication of such information has the potential for what some might consider abuse. As an example, because the sale of items may have tax consequences for a seller in some countries, I can imagine a scenario where one disgruntled member might use, or threaten to use, the compiled information to the detriment of another member. Just a thought. The preceding has not been intended to provide legal advise regarding the compilation of statistical information from eBay resources. It has simply been my thoughts and personal opinions. Should you have specific questions along this line you should consult with an expert in "cyber law". Have a great day All. Best Regards, Paul Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of eBay and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. -------------------------------1067447183 Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable <HTML><HEAD> <META charset=3DUTF-8 http-equiv=3DContent-Type content=3D"text/html; charse= t=3Dutf-8"> <META content=3D"MSHTML 6.00.2800.1106" name=3DGENERATOR></HEAD> <BODY style=3D"FONT-SIZE: 12pt; FONT-FAMILY: Arial; BACKGROUND-COLOR: #fffff= f"> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Good day Folks,</FO= NT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>I have been following th= e thread about the compilation of statistical information regarding the= sales/purchases of meteorites on eBay. Personally, I found the compil= ation both interesting and informative and I have no objection to having bee= n included in the published compilation.</FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>That having being said,=20= I'd like to preface the following by stating that while I am by no means an=20= expert in "cyber law", I am an attorney. I must admit that when "robot= s" were mentioned in a recent post to the list I had to do some research to=20= try and figure out exactly what a robot was and what it did. I don't c= laim to be a computer programer/analyst either. Now that I have a = ;rough idea what a "robot" is and what it does I'd like to share some of my=20= thoughts regarding the compilation of statistical information from eBay.</FO= NT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>I accessed eBay's policy= regarding the use of robots on it's site. I agree with one write= r's proposition that one of the reasons eBay prohibits robots from= accessing its site, in some circumstances, is to prevent a drain on its ser= ver. However, I can't entirely agree that that is eBay's primary goal.= In October 1997, eBay was involved in a serious dispute with Onsale,=20= a competitor, over Onsale's use of a robot program to harvest the email addr= esses of eBay users. (Note that in 1997 eBay made it much easier than it is=20= today to access the email addresses of members.) I suspect that i= t was subsequent to this dispute that eBay placed in its User Policy the pro= hibition against use of robots, spiders etc. It would appear that eBay= is also interested in protecting itself from what it views as unfair compet= ition.</FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>As can seen below in a p= aste of the pertinent part of eBay's user policy regarding <STRONG>Access an= d Interference</STRONG>, the use of robots is clearly prohibited absent expr= ess written permission from eBay. The policy language goes further in=20= requiring that, even <U>with</U> eBay's express written permission to use a=20= robot for the creation of a derivative work (compilation of statistical info= rmation) on any other member other than yourself, you are obligated to obtai= n the express written permission of the "third party," which I interpret to=20= mean the party who's information you are seeking to compile. This, I b= elieve, is intended, at least in part, to provide for some level of pri= vacy for eBay members. </FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>From a strict reading of= eBay's policy language one could reasonably infer that it is not only=20= the public dissemination of the compilation of statistical information that=20= is being prohibited, absent the required express written permission of eBay=20= and the third party affected, but <STRONG>also</STRONG> the private (unpubli= shed) compilation itself. However, I sense that the prohibition o= f the compilation of statistical information for the <EM>purely private use<= /EM> of the compiler might not be enforceable in court and might be att= acked as being vague and overbroad given that eBay's software actually=20= provides tools that allow for the compilation of such information. Gra= nted, without the use of a robot program the compilation would be very time=20= consuming,</FONT></SPAN><SPAN class=3Dsub-header><FONT color=3D#0000ff> = ;if not entirely impractical.</FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Finally, putting aside&n= bsp;any legal implications (as far as eBay is concerned) of compiling s= tatistical information about eBay members, the publication of such informati= on has the potential for what some might consider abuse. As an example= , because the sale of items may have tax consequences for a seller = ;in some countries, I can imagine a scenario where one disgruntled memb= er might use, or threaten to use, the compiled information to the detriment=20= of another member. </FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Just a thought.</FONT></= SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff><STRONG>The preceding ha= s not been intended to provide legal advise regarding the compilation of sta= tistical information from eBay resources. It has simply been my t= houghts and personal opinions. Should you have specific questions alon= g this line you should consult with an expert in "cyber law".</STRONG></FONT= ></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Have a great day All.</F= ONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Best Regards,</FONT></SP= AN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff>Paul</FONT></SPAN></DIV> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><FONT color=3D#0000ff></FONT></SPAN> </DI= V> <DIV><SPAN class=3Dsub-header><STRONG></STRONG></SPAN> </DIV> <DIV><SPAN class=3Dsub-header><STRONG>Access and Interference</STRONG>.</SPA= N> <BR>The Site contains robot exclusion headers. Much of the information on= the Site is updated on a real time basis and is proprietary or is licensed=20= to eBay by our users or third parties. You agree that you will not use any r= obot, spider, scraper or other automated means to access the Site for any pu= rpose without our express written permission. Additionally, you agree that y= ou will not: (i) take any action that imposes, or may impose in our sole dis= cretion an unreasonable or disproportionately large load on our infrastructu= re; (ii) copy, reproduce, modify, create derivative works from, distribute o= r publicly display any content (except for Your Information) from the Site w= ithout the prior expressed written permission of eBay and the appropriate th= ird party, as applicable; (iii) interfere or attempt to interfere with the p= roper working of the Site or any activities conducted on the Site; or (iv) b= ypass our robot exclusion headers or other measures we may use to prevent or= restrict access to the Site. </DIV> <DIV> </DIV> <DIV> </DIV></BODY></HTML> -------------------------------1067447183-- Received on Wed 29 Oct 2003 12:06:23 PM PST |
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