[meteorite-list] EBay analysis (preliminary)

From: Jamie Stephens <j.stephens_at_meteoritecentral.com>
Date: Thu Apr 22 10:28:37 2004
Message-ID: <3FA1B44A.4010306_at_morphism.com>

Mark,

As you mention, the legal issues you mention are copyright issues. In
my experiments, it's very likely there is no copyright issue. Courts
have generally held that simple data (like numbers, monetary amounts,
names) are not covered by copyright. I'm not messing with images or
page layouts, for example. BTW, the DCMA (Digital Millenium Copyright
Act) is changing related law in big ways. Redistribution is not
necessarily a requirement for infringement. IANAL = I am not a lawyer!

Instead, it's a user agreement issue -- as written as well as
communicated, applied, and enforced. The 'robots.txt' file, the FAQ's
about auction management software, the language about being a "venue",
and other behavior and communication are relevant here. (But I don't
wish to challenge them.)

As you said, definitely curious -- with EBay and more generally.

BTW, I have started the discussion with EBay to attempt to get
permission for aggregating data in specific ways. We'll see where
that leads.

Re tax issues: I hope the IRS had better means that looking at
some amateur data that totalled well under $1M across many individuals!
If I were the IRS, I'd head straight to EBay (and PayPal). No messing
around. The IRS doesn't have to.

Just to be clear: if I do publish more data, I will not use names of
any kind -- regardless of any right I might actually have to do so.

--Jamie

Mark Ferguson wrote:

> One item not mentioned about this survey of yours Jamie, is the tax angle,
> which may be the biggest reason anyone would be against it. Public knowledge
> is a powerful tool in the right hands.
>
> Personally, I think its a great idea. It will reflect trends and help
> marketing strategies. It will also point those using meteorites as an
> investment, like precious metals and gemstones, to which are the best to
> invest in.
>
> The legal angle about bots and data collecting is often a gray zone. Much
> like the ability to build a receiver for any kind of transmission, but the
> minute you disseminate any information you've received, you can be charged
> under law. So is it illegal to make and own a receiver? No, but the use of
> that receiver is where it gets gray. So to would this use of a bot. Its
> kinda like recording a movie and later selling it at a garage sale. You can
> watch the movie, they usually don't beef if you watch your recording. But
> when you sell it, or even loan it, for some reason they call that pirating.
> The other point is gathering information from a website. Is it copyrighted?
> Even when its an auction and changing often? Curious stuff in the least.
Received on Thu 30 Oct 2003 08:00:58 PM PST