, 2007-11-16
A contract is usually described as a "meeting of the minds." One person makes an offer for goods or services; another person sees the offer and negotiates terms; the parties enter into an agreement of the offer; and some form of consideration is given in return for the provision of something of value. At least that's what I remember from first year law school contracts class.
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I can hear the collective "ugh, nobody listens to robots.txt". Read on...
You could augment this by writing a copyright notice custom http header and redirecting any user agent you don't recognize to a copyright notice page.
If they take the time to circumvent this to pull your site anyway, it's impossible for them to _not_ see your site's copyright notice since it will be the first thing they see when they try to get around it, and the copyright notice will be all over their response logs from the header you sent.
The copyright page can have a form for someone to submit if they reach it in error, so you can add a regex to detect their user-agent.
At that point you have done everything humanly possible and given your attorneys a lot to work with... IANAL so I can't say how this would work in court, but I can say I'm doing _everything_ I can to protect my content and these guys had to manually circumvent my robot protection to get to my site and suck it down.
If done right it won't disrupt the search engine spiders and break your results.
-AC
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Link to this comment: http://www.securityfocus.com/comments/columns/458/34805#34805