Internet Offer & Acceptance

Internet Offer & Acceptance

"a"	10/14/2004 8:23:14 PM
To all We have had a situation in the US where a company has downloaded about 50 web pages at a time and periodically. We warned the relevant company that we would charge them $5,000 a web page if they did this again. We believe the information was being supplied to a competitor. The relevant company has done this 3 times since. We have recently invoice the company for +- 50$5,0003. Is this a valid claim as they have accepted our terms and conditions of downloading the web pages and we have the logs to show this, and obviously the correspondence between ourselves and the relevant company. Thanks in advance



"David Martel"	10/14/2004 11:14:24 PM
a, If you do have correspondence from the "offending" company which clearly states an acceptance of your terms then an invoice is appropriate. But, the act of downloading after your company's warning is not by itself an acceptance of your terms. Why are you posting information that you do not wish to be viewed? Or is this a case of failed computer security? Good luck, Dave M.



Paul Robinson	10/16/2004 7:33:34 AM
a wrote: To all We have had a situation in the US where a company has downloaded about 50 web pages at a time and periodically. We warned the relevant company that we would charge them $5,000 a web page if they did this again. We believe the information was being supplied to a competitor. The relevant company has done this 3 times since. We have recently invoice the company for +- 50$5,0003. Is this a valid claim as they have accepted our terms and conditions of downloading the web pages and we have the logs to show this, and obviously the correspondence between ourselves and the relevant company. Thanks in advance IANAL but here is my opinion. It could be presumed that a web page which is accessible on the Internet without any special password or other access controls would usually mean the pages were intended to be viewed by anyone with an Internet connection. If the access was legitimate use of the site is legitimate and copying it for non-public use might be fair use unless you can prove some unauthorized access or Unless you get a provable consent of some kind that is an affirmative consent such as a mandatory click-thru license that must be accepted to get access to the material, a court would probably consider your claims in effect to be an unenforceable adhesion contract.



"a"	10/18/2004 4:16:57 AM
Paul - Thanks. This confirms another opninion I have had. "Paul Robinson" <postmaster@paul.washington.dc.us> wrote in message news:i94cd.720$5l3.272@trnddc02... a wrote: IANAL but here is my opinion. It could be presumed that a web page which is accessible on the Internet without any special password or other access controls would usually mean the pages were intended to be viewed by anyone with an Internet connection. If the access was legitimate use of the site is legitimate and copying it for non-public use might be fair use unless you can prove some unauthorized access or Unless you get a provable consent of some kind that is an affirmative consent such as a mandatory click-thru license that must be accepted to get access to the material, a court would probably consider your claims in effect to be an unenforceable adhesion contract.

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