4 ms·
You have a point, but even if the author rebranded his website, he would still violate the TOS when providing direct links to listings (and maybe when scraping
by kubiiii 12y ago
You have a point, but even if the author rebranded his website, he would still violate the TOS when providing direct links to listings (and maybe when scraping the website but this is not clearly forbidden in the TOS).
The discussion is mostly about this (I think).
- julie1 12y agoThis would be another infraction :) And the author is misdirecting the readers by providing a document not related to the claim he makes (TOS infringement vs «droit des marques» infringement). EDIT/PS «nul ne peut se prévaloir de ses propres turpitudes» means that you cannot prevail your self of any wrongs if it is initially resulting from you not respecting the law. For instance if you build your company on a clearly fraudulent base (parasitism), you cannot claim for any reparation if you are shut down because it is a clear consequence of your actions. As a result, for the lawyer «faisceau de présomption valant preuve» his credibility in front of any juridiction would be voided.
- kubiiii 12y agoThis other infraction is also clearly mentionned in the lawyer letter.
- PeterisP 12y agoWho cares about TOS? They're not binding to users in any way whatsoever, unless the users want it to be binding (i.e., as a contract to buy goods/services from them according to that ToS) The service can disable their accounts (if any exist) and block their IP's; the service can stop doing any business with them if they don't like the ToS; but the service can ask them to comply, but can't really demand that they comply with ToS, it's not a law nor a contract that they've agreed to.