That last sentence is a bit troubling, are you serious? Think about a situation for example where all of your income comes from a website you publish and someone else does (without your permission) something to change/destroy the content, how that can be legal? If a car has unlocked doors and the keys are in ignition is it legal to take that car?
If a car has unlocked doors and the keys are in ignition is it legal to take that car?
I'm not talking about stealing a car. That would be hijacking or shutting down the entire website.
If you want to go the "car analogy" route, then put a whiteboard on your car, and claim it's illegal when somebody comes along and writes on the whiteboard. This is still a pretty crappy analogy.
The best analogy would be making something intended for one purpose, but somebody uses it for another purpose. Then, since it's bad for business, you sue the person who used the item as not intended. It just seems ridiculously unfair.
I'm talking about things like Web 2.0 profiles. The TOS on these things are that the entire use of the website is without warranty... yet if somebody comes along and makes a worm on these sites, a worm which harms nothing other than these warrantless profile pages, that's illegal?
Another example: Let's say Myspace said: "Feel free to use Javascript in your profile." Would it be OK to make the worm? It's just javascript, after all.
Making a worm that changes something on a site means disrupting the service between a service provider and a customer, it is not just using something for another purpose.
If something is easy to do or the actual damage is small does not make that something more "right".
Here's a mind game for you. I own the exact same model car as you in the same color.
I accidently drive off with your one (putting the fact the keys were in the ignition down to my own absentmindedness), and as a result get stopped by the police for grand theft auto.
I expect that your lawyer will then explain the situation to the cops, point to your car in the parking lot, point to your lack of criminal record, motive, or experience in fencing stolen cars, offer a stirring and heartfelt apology on your behalf, and then stand by to argue.
(But I can't be sure of that, because I am not a lawyer myself.)
Comments
That last sentence is a bit troubling, are you serious? Think about a situation for example where all of your income comes from a website you publish and someone else does (without your permission) something to change/destroy the content, how that can be legal? If a car has unlocked doors and the keys are in ignition is it legal to take that car?
If a car has unlocked doors and the keys are in ignition is it legal to take that car?
I'm not talking about stealing a car. That would be hijacking or shutting down the entire website.
If you want to go the "car analogy" route, then put a whiteboard on your car, and claim it's illegal when somebody comes along and writes on the whiteboard. This is still a pretty crappy analogy.
The best analogy would be making something intended for one purpose, but somebody uses it for another purpose. Then, since it's bad for business, you sue the person who used the item as not intended. It just seems ridiculously unfair.
I'm talking about things like Web 2.0 profiles. The TOS on these things are that the entire use of the website is without warranty... yet if somebody comes along and makes a worm on these sites, a worm which harms nothing other than these warrantless profile pages, that's illegal?
Another example: Let's say Myspace said: "Feel free to use Javascript in your profile." Would it be OK to make the worm? It's just javascript, after all.
Making a worm that changes something on a site means disrupting the service between a service provider and a customer, it is not just using something for another purpose.
If something is easy to do or the actual damage is small does not make that something more "right".
Here's a mind game for you. I own the exact same model car as you in the same color.
I accidently drive off with your one (putting the fact the keys were in the ignition down to my own absentmindedness), and as a result get stopped by the police for grand theft auto.
What happens then?
The correct answer is "as soon as you figure out what's going on, you ask to speak to your lawyer":
http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html
I expect that your lawyer will then explain the situation to the cops, point to your car in the parking lot, point to your lack of criminal record, motive, or experience in fencing stolen cars, offer a stirring and heartfelt apology on your behalf, and then stand by to argue.
(But I can't be sure of that, because I am not a lawyer myself.)