I might have accepted terms when I created a Google Account but in no way do I agree to a TOS by visiting a URL.
I might have accepted terms when I created a Google Account but in no way do I agree to a TOS by visiting a URL.
If that doesn't hold up in court, in future on your first visit to Google it will simply display some text and require that you click 'I agree' to continue.
Either way, it seems reasonable to me that you should agree to their terms in order to use their service.
I'm honestly wondering about the double standard. There is a rational way to discuss morality/ethics and subsequent laws regarding most technical aspects, that often mirrors real world (read: offline/analog) scenarios. It's unfortunate that the legal system has instead been appropriated by lawyers.
omg, really?
It's unfortunate that the internet has instead been appropriated by hackers. It's unfortunate that the stock market has instead been appropriated by traders. It's unfortunate that the asylum has instead been appropriated by inmates.
Very few traders went to jail after 2008. Seemingly legal (or at least not illegal). Should they have? Most bright/talented lawyers are likely working (again within the law) to get megacorps or rich people off for something poorer people would not. In our field this OP is one of the issues. What information is free and what information is not? What things I'm allowed to do offline am I allowed to do online?
I'm not proposing a solution, but any system populated by humans will be abused by some, and fought for by some idealists, all within that systems rules.
Let's take murder: I stab someone: murder. I use a broom to push a flower pot off a balcony hitting someone in the head, killing them: murder. I swat a butterfly in Beijing, causing a chain of events to a container crushing a dock worker in Rotterdam. Murder? If this extreme example comes down to intent it's thought crime, otherwise I'm playing within the rules of the system, and I just killed someone, scot-free.
While there apparently were no laws prohibiting the upsale of bad mortgages, and banks having the resources to move the market towards more and worse mortgages, that also was within the systems rules, but I personally think it's far beyond the intended use of that market, and well outside the spirit of the laws.
There's a huge difference between judicial justice and what most would agree was "justice". That's where my first comment came in. True about most systems.
I'm not sure why you dislike this 'appropriated by lawyers' outcome: For web crawling look at robots.txt, for other uses look at the Terms link on the homepage. If you don't agree to the terms then stop accessing the website. Seems straightforward and fair to me.
Scraping and crawling is the same thing btw. I absolutely love how the English language has several words for the same thing. Your language very expressive.
Google is a scraper. Your data will end up in their index. You are perfectly OK with Google "stealing" your data.
A new player crawling your site is an offence to you. How dare someone other than Google or Bing put preasure on my site? How dare they steal my data?
TOS is a joke.
I wonder, what was the intention of the founding fathers of the internet, of the internet? Was it not to make data publicly available?
This statement is demonstrably false, as shown by all the places in the world where this type of TOS-nonsense actually does not hold up in court.
And in the USA, it's (as usual) even slightly more absurd: The only reason it does hold up in court is because Google can afford justice.