 swhx7Premium
join:2006-07-23
Elbonia | reply to microserf
Re: Copyright for all said by microserf :
I'll show them expenses.
Who cares about user annoyance when you've progressed to theft? If I publish a page and some click-streaming jackdaw of an ISP tries to usurp my ad revenue, I'll be a knockin' soon.
This was what I thought too, at first glance, but unfortunately I don't think you would have a case.
Consider the worst case. You publish a page and advertisers are paying you to place their ads; the spam-box outfit removes your ads and replaces them with its own. You find at least one person who is a visitor to your site and a subscriber of the ISP that has hired the spam box, who will testify that he wanted your page unmolested, with ads that you intended. And you sue for at least (a) interference with contract and (b) copyright infringement, because they altered your page withough permission. Maybe you get your advertisers as co-plaintiffs.
Looks good right? But wait, the web user has a right to do what he wants with the page once he receives it, right? For example using Proxomitron to filter unwanted content. And the users can hire the ISP to filter things on their behalf. So the defendant ISP makes the subscribers "agree" to "terms of use" which say that the subscriber requests the ISP to do this. The subscriber doesn't *really* want this but has to "agree" to it in order to use the ISP. |
