In article <5lbjuv4n52ms8khch3dvjt7v11di37hca9@4ax.com>,
Adrian <adrian@xxx.xxx> wrote:
I have written a program that allows me to enter trades automatically, by
emulating ceratin features present on the web site. For this I had to
"reverse engineer" the communication protocol between the web site and
server and implemented a new client application that sends the same
information that the web site would send.
In the old days, that would certainly have been fine. These days, who
knows?
My question is: am I doing something illegal, or against the terms in the
TOS agreement by writing and/or using such a program. Am I allowed to sell
this software to other clients of this brokerage firm? If I just write the
software and others use it, would I be responsible for that?
IMO, this software not only doesn't hurt the brokerage firm,
It isn't your opinion that matters, but theirs. Have you asked them?
Here is an excerpt from this TOS that is relevant to the question:
"Broker provides secure Internet trading and brokerage services through Web
sites. I agree to receive and transmit financial information through such
electronic means.
No problem so far.
Web sites, Content or Information provided by Broker and Information
Providers, and the manner of the provision of the service, individually or
as a whole, are all protected pursuant to U.S. patent, copyright laws,
international treaties or conventions and other laws, and shall remain the
exclusive property of Broker or Information Providers, and no title of
ownership interest will transfer to me.
That _might_ let them say you can't reverse-engineer their protocol.
Web sites are provided to me at no cost, and I agree not to modify, print,
copy, publish, transmit, license, participate in the transfer or sale of,
reproduce, create derivative works from, redistribute, perform, display or
in any way exploit or use the Web site, its content or any feature thereof.
The first part of that might also.
A later part of that says you may not use their web site. That would
make it hard to trade with them.
Broker reserves the right at any time, in its discretion and without prior
notice to me, to change, revise, modify, add, upgrade, remove, discontinue
Web sites or Content or Information. Broker may also impose limitation or
restrictions upon and may revoke my access to and my use of Web sites,
Content or Information, in whole or in part, without prior notice."
Your software might break at any time, with no notice.
Seth
