Sorry Sean, your right I didn't work my question correctly. If was more of a public interest posting. What I was more thinking about was that you could do this with CFHTTP and I remember when I did my CF course with Andrew we spoke about this sort of this and the legalities etc. I just read the article and (because my cf knowledge is somewhat limited) I thought of CFHTTP. but as for my point...hmm...not sure what is was now :) oh...and after trying to get CFHTTP work I do believe it may have been easier for me to have "3 political refugee's frmo Mozambique in a sealed basement retyping it by hand" :)
<[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > Disclaimer - I ain't a lawyer. I'm a geek. Lawyers give legal advice, geeks > speculate. As I am not a lawyer, this is not legal advice. As I am a geek, > this is speculation. Don't bloody sue me. > > Hi Tim, > > Something of an odd question... Basically No. > > The CFHTTP tag is used for processing potential valid actions. Whats > described in the linked article is using a scraper to access password > restricted contents in violation of the TOC & AUP of the site, for > unreasonable means. IE to commercially undercut their prices. > > Its been a while since I did any Law, but my understanding of the ruling > described in that article (both the article and my understanding being far > too limited to take as gospel and I'm a geek not a lawyer so dammit don't > sue my a$$ if I'm wrong... The poor thing is under enough stress... Call a > lawyer for legal advice, ask geeks for speculation) > > But I'd suspect that going beyond the 'reasonable expectation' of ordinary > users, would involve doing more then just HTTP requests to a publically > availible page. > > too take particular note of the application in australia section.. > > If <--- keyword one > > the reasoning of the United States Court of Appeal is applied in Australia, > any access prohibited by the terms of use would be considered > 'unauthorised'. Thus, a person using a 'scraper tool' on a website with > password access and clearly stipulated terms of use forbidding the use of > scraper tools, would be accessing restricted data without authorisation and > may be committing an offence under the Cybercrime Act. > > Alternately, it could be argued to be a violation of contract law under the > premise that you can be demonstrated to have explicitly agreed to a valid > contractal agreement. If the AUP and TOC that you agree to are legally valid > contracts, it could well be argued that you've agreed to that contract and > any terms held within. > > Also from the key application in australia article > > However, if no clear terms of use are displayed, it is doubtful any > provisions of the Cybercrime Act will be invoked as the access to the > website would not be unauthorised. Like the United States Court of Appeal, > it is doubtful that an Australian Court would adopt a 'reasonable > expectations' test. > > If they haven't got an AUP/TOC and your not accessing password protected > data? I'd suspect you're unlikely to be breaking the law (I'm a geek not a > lawyer, see a lawyer for legal advice, from geeks all you get is > speculation, don't bloody sue me) > > Basically as long as your not a$$fuxx0r1ng somebodies site for commercial > gain in violation of a clearly displayed Terms and Conditions or Acceptable > Use Policy, particularly in case of password protected data, its unlikely to > bite you in the arse. So don't be an a$$ monkey and your probably set. > > On the otherhand, if you quit your job, steal the pricelist from your former > boss so that you can undercut him, and all you get screwed with is cyber > crime, you got off lite. > > The technology used is irrelevant imho. You could be scripting it through > CFHTTP or have 3 political refugee's frmo Mozambique in a sealed basement > retyping it by hand, the principle would be the same. > > "Tim Donovan" <[EMAIL PROTECTED]> wrote in message > news:[EMAIL PROTECTED] > > > > Would CFHTTP tag come under this? > > > http://www.freehills.com/__CA256AD900137BAA.nsf/OrigDoc/~7E7F85D7AA351B63CA2 > > 56CDA0019B8B8?OpenDocument&1=50-Publications~&2=0-E-Commerce~&3 > > > > -- > > Tim Donovan > > Web/Graphics Coordinator > > CRC Reef Research Centre > > www.reef.crc.org.au > > (07) 4729 8403 > > (07) 4729 8499 > > > > > > > > > > > > --- You are currently subscribed to cfaussie as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED] MX Downunder AsiaPac DevCon - http://mxdu.com/
