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Normally I'd agree with you... see https://news.ycombinator.com/item?id=6434400#6435092 https://news.ycombinator.com/item?id=6434400#6435092 However in this ca

by biot 10y ago

Normally I'd agree with you... see https://news.ycombinator.com/item?id=6434400#6435092 https://news.ycombinator.com/item?id=6434400#6435092 However in this case when you receive a cease and desist letter informing you that you don't have permission yet you explicitly ignore it and take steps to circumvent any technical restrictions that were put in place, that's where it crosses the line.

simonh 10y ago
Yes the judge ruled that even though knowingly accessing a service in violation of it's TOS is not a crime, accessing it after being sent a cease and desist is. So it appears that the way in which you are asked not to do something has a bearing on whether it's ok for you to do it or not. That seems pretty crazy. Facebook as a way to prevent this access that's guaranteed to work. They could block the user's account. Furthermore the Judge's argument regarding a bank barring someone from entering if they are carrying a shotgun is bogus. They could just as well use an example of banning someone if they are carrying a cuddly toy. Using a gun in the example is a transparent attempt to appeal to emotion. There's nothing in Power Ventures activities that could be reasonably equated to openly toting a deadly weapon in a bank.
- franciscop 10y ago
  What if I know I'm doing something that Facebook doesn't like, see an email from them and ignore/delete it? Where does a "Please stop using our web" become a Cease and Desist order?
- deleted 10y ago
  [deleted]
- coldtea 10y ago
  >So it appears that the way in which you are asked not to do something has a bearing on whether it's ok for you to do it or not. That seems pretty crazy. How's that even remotely "crazy"? If I merely ask you "I don't want to see you here again", and you come back, you don't get much problems with the law. If I get a restricting order on you, and you came back, I can have you arrested. There are different levels of being "told not to do something", and some popup has less power than a TOS, which has less power than a cease and desist, which has less power than a full court order, etc...

by biot 10y ago

simonh 10y ago

Yes the judge ruled that even though knowingly accessing a service in violation of it's TOS is not a crime, accessing it after being sent a cease and desist is. So it appears that the way in which you are asked not to do something has a bearing on whether it's ok for you to do it or not. That seems pretty crazy. Facebook as a way to prevent this access that's guaranteed to work. They could block the user's account. Furthermore the Judge's argument regarding a bank barring someone from entering if they are carrying a shotgun is bogus. They could just as well use an example of banning someone if they are carrying a cuddly toy. Using a gun in the example is a transparent attempt to appeal to emotion. There's nothing in Power Ventures activities that could be reasonably equated to openly toting a deadly weapon in a bank.

franciscop 10y ago
What if I know I'm doing something that Facebook doesn't like, see an email from them and ignore/delete it? Where does a "Please stop using our web" become a Cease and Desist order?
deleted 10y ago
[deleted]
coldtea 10y ago
>So it appears that the way in which you are asked not to do something has a bearing on whether it's ok for you to do it or not. That seems pretty crazy. How's that even remotely "crazy"? If I merely ask you "I don't want to see you here again", and you come back, you don't get much problems with the law. If I get a restricting order on you, and you came back, I can have you arrested. There are different levels of being "told not to do something", and some popup has less power than a TOS, which has less power than a cease and desist, which has less power than a full court order, etc...