[OT] Re: Adding header to pages

On Tue, 4 Jan 2000, Dave J Woolley wrote:

> I think it is normally taken that a simple cacheing proxy
> is something that content providers can reasonably expect,
> unless they take steps to make the page uncacheable.

So far, yes, although there is nothing in most copyright legislation
definitions of "fair use" that would allow this sort of reproduction,
particularly by ISPs who do it for commercial gain. However, as you say,
established normal practice will be what prevents most people from
attempting action - that, and the fact that making a file available via
the Internet can be construed as an action to allow public distribution of
electronic copies.

Since you mention IMDb: they grant permission to "free[ly] distribute ...
any part of the Internet Movie Database in an ELECTRONIC FORM ONLY" (their
emphasis), with some provisions. It strikes me that the first provision,
being that "NO FEE OF ANY KIND (sic), however indirect, will be charged
for its distribution" places ISPs in an interesting position. Further,
they add that "If this file is being stored for later distribution to
anyone that can be construed as a customer of you or your organisation YOU
MUST (sic) contact Internet Movie Database Ltd for permission" - it might
reasonably be argued that caching constitutes "being stored for later
distribution".

They do relax this a little, with a trailing statement that says "The
files and software which make up the movie database may be uploaded to
commercial BBS systems providing that the above conditions are met and no
*additional* fees are applied above the standard connect time or
downloading charges". Whether or not this covers ISPs and their caching is
also interesting.

> On the other hand, adding a bnner is in violation of
> the explicit permissible use rules for at least one
> commercial web site (see filtering in
> <http://us.imdb.com/terms>). As a consequence, you will
> need to vet and white list all URLs before adding a
> banner.

As you say, altering any components of their pages is not permitted. They
also deny "embedding IMDb pages in HTML frames running from other sites" -
however, I think that it is debatable whether or not the meaning of this
statement, which is to prevent other web site designers from incorporating
IMDb pages into their sites, actually prohibits using a proxy server to
wrap each page in HTML, for instance so that an ISP can attach its own
advertising to every page its customers view, particularly if the ISP does
this in exactly the same fashion for every URL.

This discussion is interesting to me, but possibly not to others, so if
anyone wants to continue it, just reply to me (and Dave Woolley, unless
he's moved on to more important matters... :).

--
 Kendall Lister, Systems Operator for Charon I.S. - kendall@charon.net.au
  Charon Information Services - Friendly, Cheap Melbourne ISP: 9589 7781