This conversation is getting away from Gemini, so I'm going to wrap it up here and let us agree to disagree. November 26, 2020 3:11 AM, "Krixano" <krixano at protonmail.com> wrote: > First of all, lets not conflate a spec with law. The spec > doesn't have to follow law. A spec is a guideline, it doesn't > have to match law, and it doesn't have to be adhered to either. Okay but if you wanted something for the law being broken (i.e; your copyright being infringed), you have to go in front of a court of law. > Secondly, let's actually look at what the court ruled here, on the implied license front: > >> consent to use the copyrighted work need not be manifested verbally and may be inferred based on >> silence where the copyright holder knows of the use and encourages it. > > Notice the "where the copyright holder knows of the use and encourages it." > That's not necessarily the case in this discussion. It was the case in that court case. > That court case literally doesn't apply here. Especially since Field explicitly added code > so that search engines would index *the URL* of the page. This is not the case in this discussion > as the > absence of robots.txt would *not* be explicitly allowing search engines to index the URL of the > page, and each > server that doesn't have a robots.txt would not "know of the use and encourage it". I don't know where you got the idea that Field added code to make the engine index the URL-- that's what a search engine does-- but I don't care at this point. > Finally, precedents can be challenged by the Supreme Court. For example, the current Supreme Court > case of Google v. Oracle dismissed everything the district courts and the Circuits had to say, > because the Supreme Court looks at things freshly. Google v Oracle is an *ongoing* case. No precedent was set, because the case never actually came to rest. See the EFF's page on it: https://www.eff.org/cases/oracle-v-google Just my two cents, Robert "khuxkm" Miles
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