[meteorite-list] EBay analysis , robots & spiders, OH MY!

From: Michael L Blood <mlblood_at_meteoritecentral.com>
Date: Thu Apr 22 10:28:36 2004
Message-ID: <BBC55CCF.C905%mlblood_at_cox.net>

Dear Paul,
        Man, that was a mouthfull!
        Thanks for the legal perspective.
        I had no idea Jamie used "robots" or "spiders!" (whatever THEY are,
they sound pretty scary to me)
        Guess if he did, 2 + 2 sometimes does = 3!... At least legally.
        Daw gone, what in the plu-perfect hell is this world comin' to?
        I stand corrected - Michael
  


on 10/29/03 9:06 AM, LITIG8NSHARK_at_aol.com at LITIG8NSHARK@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.
>


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Received on Wed 29 Oct 2003 03:02:23 PM PST