[meteorite-list] EBay analysis (preliminary)

From: David Freeman <dfreeman_at_meteoritecentral.com>
Date: Thu Apr 22 10:28:36 2004
Message-ID: <3FA00094.9090903_at_fascination.com>

Dear Paul, List;
I think this answers it enough for me. Very well done.
Best windy days,
Dave Freeman
IMCA # 3864
eBay user ID mjwy (with some fantastic stuff running at auction right
now, no meteorites though, don't want my information contaminating the
robots lunch).

LITIG8NSHARK_at_aol.com wrote:

> 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.
>
>
>
>
>
Received on Wed 29 Oct 2003 01:01:56 PM PST