I have a website that aggregates data from other websites for auto dealers. In order to pull the data, you have to be a member of the other websites and give me your user ID and password. My server will then login to the other websites on your behalf and pull the data into my website. This data is only visible to you within your account on my website (each dealer needs to request his own data).
One of the other websites, from which I pull data, has sent me a Cease and Desist letter. They claim I'm infringing their Visitor Agreement, I'm "framing" their content, and I'm creating "derivative works based on (the company's) copyrighted content."
Here are my thoughts:
Your thoughts?What is the name of your state (only U.S. law)?
One of the other websites, from which I pull data, has sent me a Cease and Desist letter. They claim I'm infringing their Visitor Agreement, I'm "framing" their content, and I'm creating "derivative works based on (the company's) copyrighted content."
Here are my thoughts:
- Visitor Agreement: I didn't sign the agreement, which forbids exporting the data. My customer signed this agreement and they should contact him.
- Framing Content: I'm loading this data at the specific request of my customer, who is athorized to view the data on the other website. I'm not claiming or implying ownership of the data.
- Derivative Works: While I enable my customer to sort and rearrange the data, I'm not really creating a Derivative Work. It's just a list of vehicles that are for sale on the other website.
Your thoughts?What is the name of your state (only U.S. law)?