§§ 1201 ("DMCA") and the TOU (Contract) claims. Craigslist pursued both Digital Millennium Copyright Act, 17 U.S.C. Naturemarket, Inc., Craigslist sought to pursue the spammer through the Digital Millenium Copyright Act and through the terms of the TOU (essentially contract claims).Ĭraiglist was told by the spammer that he'd sold about $40,000 worth of the autoposter software.
This creates a contract or license agreement (a k a " end user license agreement" or EULA) governing use of the information obtained through the website or database accessed. When we go on a website, we usually click "I accept" the terms of use ("TOU"). To develop the software, the spammer had to access Craigslist, obtain data, code and images, steal telephone-verified accounts, and distribute that information.
5, 2010) Craigslist sued a spammer who offered software that did auto posting on Craigslist and sold telephone-verified Craigslist accounts to other spammers or marketers. I found one 2007 case finding CAPTCHA to be a technological measure to protect copyrighted materials, the circumvention of which would be a violation of the Digital Millenium Copyright Act. A common type of CAPTCHA requires that the user type letters or digits from a distorted image that appears on the screen. Thus, it is sometimes described as a reverse Turing test, because it is administered by a machine and targeted to a human, in contrast to the standard Turing test that is typically administered by a human and targeted to a machine. Because other computers are unable to solve the CAPTCHA, any user entering a correct solution is presumed to be human. The process usually involves one computer (a server) asking a user to complete a simple test which the computer is able to generate and grade. A CAPTCHA or Captcha (pronounced /ˈkæptʃə/) is a type of challenge-response test used in computing to ensure that the response is not generated by a computer.