2. Trespass to chattels.
“intentionally dispossessing another of the chattel or using or intermeddling with a chattel in the possession of another.”
Source: Trespass to Chattels - Internet Law Treatise
My own experience are summarized here:
"That forum had more than 11 000 spam posts before I deleted the whole forum, and upgraded to the latest stable version of phpBB3. Relatively fast and easy for me. The spammers should have used much more time and work".
A known case:
eBay Inc. v. Bidder's Edge Inc.
3. How to construct legal bots?
- Automatic restrictions. Is it enough that a legal bot
- respect robots.txt
- don't camouflage itself (e.g. supply information about IP address and domain name where more information can be found in about us documents etc). ?
- Should there be international standardized meta tags that can be automatically parsed to interpret further information?
- Should there be rules for bandwith consumption and other use of server resources on the targeted site?
Potential query: "legal bots" OR "legal spiders"
Michael Schrenk:(2007) Webbots, Spiders, and Screen Scrapers: A Guide to Developing Internet Agents with PHP/CURL
Especially chapter 28.
An example KW search:
kelly v arriba soft
4. Who can construct a search engine?
- Should Se's have wider rights than other legal bots aside from allowing access in meta tags and robots.txt?
- How should a new search engine be identified and identify itself?
- How are the rules for disciminating between search engines? Is that fully up to the web masters?
5. Real life copyright and virtual copyright.
10 Big Myths about copyright explained
- What differences are there?
- What about people and companies that don't understand and have the resources to update themself on the subject?
- How can information that is downloaded from another site be used? http://www.copyright.gov/fls/fl102.html
6. Which law?
- Country of referrer or country of target?
- Standard international law and rules, see 4 above.
7. Some links.
Electronic Frontier Foundation | Defending Freedom in the Digital World
Writers' Copyright Association
IPWorld - Home
BitLaw: A Resource on Technology Law
Copyscape Plagiarism Checker - Duplicate Content Detection Software
COPYRIGHT RESOURCES ONLINE
The idea behind anti trust laws are that no company should get a competitive edge aside from its own legal competence and fair competition. So, ideally every similar search engine should be treated the same and every legal bot should be treated the same. This is the theoretical ideal, but the consumption of server resources etc do not make this an option. I end the conclusion with a question. Should international law force a specific format that can be automatically interpreted and parsed to protect copyrighted material for search engines and web bots and indexing machines.