What does Ebay own?

[cannaman]

Hi, I want to save some data from ebay to use on my website. Mostly search results. I will credit Ebay with the data. Their 'user agreement' clearly states that they own all data and "user" would have to ask permission to use any of their content, and no automatic scrapping. But am I a user if I am not signed up?

So, do they legally own everything? Or what is in the public domain? For example, can I save a list of item titles on my web page with the gallery photo? Any loopholes through third parties? I don't want to link to ebay, I want to maintain the data on my site.

Thanks, all sound advice is appreciated! It will help me decide on this endeavor.

 

[quincy]

Hi, I want to save some data from ebay to use on my website. Mostly search results. I will credit Ebay with the data. Their 'user agreement' clearly states that they own all data and "user" would have to ask permission to use any of their content, and no automatic scrapping. But am I a user if I am not signed up?

So, do they legally own everything? Or what is in the public domain? For example, can I save a list of item titles on my web page with the gallery photo? Any loopholes through third parties? I don't want to link to ebay, I want to maintain the data on my site.

Thanks, all sound advice is appreciated! It will help me decide on this endeavor.

What state in the U.S. are you posting from, cannaman? This question is asked of all posters to this site.

If their user agreement clearly states that eBay owns all data and a user would have to ask permission to use any of their content, and the site prohibits automatic scraping (and I am assuming the user agreement actually says this - I haven't checked), then it would be reasonable for one to think that you would have to ask for permission to use any of the data appearing on their site.

Is there any reason you cannot ask for permission to use their content?

 

[cannaman]

Thanks Quincy. I am a transient, I will live in whatever state will allow me to capture this data!

I could care less what their user agreement says, the terms on my site can say "you cannot read this it is illegal" It is all about what THE LAW protects.

No I cannot ask them they will want me to pay them royalties.

 

[Mass_Shyster]

Thanks Quincy. I am a transient, I will live in whatever state will allow me to capture this data!

In that case, I suggest you contact a lawyer in each state, plus one who practices in DC. I don't think anyone here is interested in researching the laws in all 51 jurisdictions to see which one is best for you.

I could care less what their user agreement says, the terms on my site can say "you cannot read this it is illegal" It is all about what THE LAW protects.

Again, you need to see that the LAW protects in the 51 jurisdictions mentioned.

No I cannot ask them they will want me to pay them royalties.

Really? They charge people to drive traffic to their website? That's in interesting business plan they have.

 

[quincy]

Thanks Quincy. I am a transient, I will live in whatever state will allow me to capture this data!

I could care less what their user agreement says, the terms on my site can say "you cannot read this it is illegal" It is all about what THE LAW protects.

No I cannot ask them they will want me to pay them royalties.

If you are a transient, cannaman, I suggest you move your transient-self out of the U.S., because U.S. federal laws will not protect you from infringement actions, should you access eBay content and harvest it, copy or modify or distribute it, create derivatives from it, commercialize it, or otherwise use it for your own purposes without eBay's express written permission.

As a word of caution: eBay is an international corporation. The laws of copyright and trademark are strikingly similar worldwide. In other words, you can be sued for infringement regardless of where you set down your suitcase and base your operations. Furthermore, intentional or willful infringement carries with it a heftier price tag (in the U.S., for example, you could be looking at $150,000 per infringed work and possible prison time).

Asking and acquiring permission of the rights-holder(s) is the recommended course of action, certainly over stealing rights-protected material.

I recommend you sit down with an IP attorney in whatever area of the country or the world you find yourself at the moment, and go over the legal risks attendant with your business plan. I hope for your sake that you rethink your idea for a business after being apprised of these risks.

 

[tranquility]

Many knowledgeable commentators have opined that violation of a websites terms and conditions is a federal crime under the computer fraud and abuse act.