RE: Transferring information

From: Paul Grace (paulgrace@lookoutranch.com)
Date: Tue Aug 04 2009 - 02:21:26 UTC

  • Next message: Steve Newcomb: "24680 on Aug 4 from 8539"

    This isn't about copyright, that's irrelevant.  SeeSat made no such
    agreement anyway, so the mailing list is not at risk of penalty, that's also
    irrelevant.  
    
    It doesn't matter if you feel it is not valid, or what you are habituated
    to.  The enforceability of these agreements is well established in US law
    (years ago).
    
    If the DOD feels that someone is transmitting the information to any other
    site in violation of the clear user agreement not to, they may well close
    down public access to the information, which they are not required to
    provide.
    
    I, for one, would find that regrettable.
    
    Please use the information that is being provided in accordance with the
    agreement you made to get that information.  Ignorance is never a good
    defense.  It really doesn't matter what you think, it matters what the DOD
    thinks, since they control the data.
    
    -----Original Message-----
    From: Thomas Goodey [mailto:thomas@flyingkettle.com] 
    Sent: Monday, August 03, 2009 18:57
    To: Seesat List
    Subject: Transferring information
    
    On 3 Aug 2009 at 18:38, Paul Grace wrote:
    
    > You would be right
    
    Thanks. Apart from the reasoning I used previously, there is also the aspect
    
    that the US Government (unlike many other governments) does not copyright
    its 
    publications, on the excellent reasoning that the public has already paid
    for 
    them once.
    
    > except for the fact that each user of the SpaceTrack site expressly
    > agrees(among other things) "not to transfer any data or technical
    > information received under the agreement, including the analysis of
    > tracking data, to any other entity without the express approval of the
    > DoD." So by going to that site you have...
    
    Well, not exactly. The website says that the user has agreed to this by 
    accessing the site: "BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE
    TO 
    BE BOUND...". I don't think this has any validity. I am habituated to click
    all 
    over the internet, without agreeing to anything in particular. Whatever a 
    website says cannot lay any obligation upon me, just by me reading it.
    
    However, it is true that in order to become a registered user of SpaceTrack,
    
    one needs to click a radio button to say that one accepts the conditions of 
    use. So it is true that any registered user has 
    
    > agreed not to transfer the information... 
    
    You are quite right: a user who dared to republish information obtained from
    
    the SpaceTrack website would have violated the site rules, and could be 
    terminated. This does not, of course, mean that any penalties could be
    imposed 
    upon the forum in which the information was republished, or upon a third
    party 
    who re-republished the information. Which is not copyrighted.
    
    Thomas Goodey
    
    
    Theories, theories, myriads upon myriads of
    them, streamed over me like wind-borne leaves,
    like the contents of some titanic paper-factory
    flung aloft by the storm, like dust-clouds in 
    the hurricane advance of the mind.
    
    ---- Olaf Stapledon, 'Last Men in London'
    
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