This takes the cake on some of the crazy website User Agreements. I stumbled across a Slashdot Article that led me to a Techdirt Article (see - why can’t I just get to the damn story!) that led me to a user agreement that just blew me away:
For instance, we are the creators of all of the text on this website, and own the “look and feel†of this website. We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so. In addition, you should not make any copies of any part of this website in any way since we do not want anyone copying us. We also do not allow any links to our site without our express permission, except that you must maintain the link in our Copyright Infringement Warning Button as it is designed. Original
Besides the fact that they think I’m violating their TOS by just linking to the quoted text (I call fair use due to their Robots file), they don’t really “own” their source, per say. You see, this firm is using the Zope Content Management System, an OSS project that openly distributes their code (download it here). While they own the content, they really don’t own the outputted HTML. While I agree that they own their “template” (I wouldn’t want their template anyway), they are effectively claiming copyright on “works” they don’t even have copyright ownership of.
Whoever wrote their User Agreement really needs to learn a little more about Internet Law, especially considering they’re hosted on an Open Source Web Server, using an Open Source CMS, that uses an Open Source Language to create their little piece of Cyber Real Estate. Either that or they need to find a new web designer. If a search engine can link to them, so can I. If said search engine caches data (*gasp*, another violation!), so can my WEB BROWSER (this means I actually have a copy of the entire website on my computer - oh no!). They would also not have Yahoo and Urchine (Google) code embedded in their site, which creates data from their data. Things that make you go hmm.
If they had their website setup as the Agreement reads, so that they took proper precautions against common and well known search methods, they would not have a website. Ignorance is bliss.
