[thelist] stolen content
Keith
cache at dowebs.com
Tue Nov 6 19:15:27 CST 2001
> The list of therapists on that page has been stolen by another site...
As I understand it, the data is not protected by copyright, only the
data's 'presentation' is protected. If your list was on a static page
there's little you can do to prevent this 'theft'. Even a search engine
might provide your list depending on the query one used. You
obviously spent time and energy compiling that list and that time
and energy was 'stolen', but not the data itself which you made
available. You might sue on the theft of effort, but not on copyright
grounds unless the other site quoted your list (and code) verbatim.
If the list was available to a browser then it is legal for someone to
compile a list of therapists from your site, at least in USA. Courts
have ruled that data which is permissioned as available a browser
etc. and not protected by password authentication is fair game. A
site cannot legally dictate how data is used once the data is made
available to the public. Suppose you had published the list in a
newspaper or magazine and they had used that to put up a list on
their website? Same thing.
I had a similar problem on a site for a PPO. We have thousands of
doctors, clinics, therapists, hospitals etc available on the site so
patients can find a participating provider. The full list however is
also of extreme value to our client's competitors. The list is
available only through CGI requests, purposefully designed to return
small chunks of the list matching the query and queries are
designed to frustrate an attempt to manually extract the full list. We
also built in a way to reject requests from a robot trying to 'milk' the
database. But if someone does indeed get the list from our site,
there is no legal remedy, we're the ones who made it available.
Frustrating isn't it! Information is power, and making it available is
an excersise of that power, and a dilution of that power.
keith
More information about the thelist
mailing list