QUESTION

Is my website idea a copyright infringement?

Asked on Mar 05th, 2013 on Entertainment Law - California
More details to this question:
I want to open a website that is based on different website's http clients to send data to their website in some kind of 'bypass'.Facebook is just an example. It has nothing to do with Facebook. Let's say Facebook only allows 100x100 pictures upload and it's possible to manually upload bigger pictures with any size using their upload URL. I don't think Facebook wanted this to happen in the first place and they find it so bit hard to fix this bug that they almost gave up.Do they have the rights to sue me over this? Or any rights to do something against this case? Like shut my website or something?Another thing: this website also has another feature that allows you to copy others stuff that they made. As example, you can use my website to view other's Facebook albums (which are not copy-able) and be able to make a clone of those album photos and belong them to you. Is this normal/legal?And one more thing, this original website (Facebook) has something like free points. You login everyday to get those points, my website has a bot that automatically does this to peopleOn top of all of this. To do any of the mentioned above, you must be logged in with your original website account, like Facebook. Before you do any of those, you will get a form in my website that asks you for the login info so any taken action could be applied to your account.Are any of those legal/illegal? What best can the original website do the owner/website?Note that
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1 ANSWER

Susan Marie Basko
Your website would probably be a violation of the CFAA, the federal laws that make it a crime to have unauthorized access to a website or server. And yes, there would be multiple violations of copyright. Websites set up their own services and TOS how they want them. However, there are web app developers that gather around other services, but generally, they are only allowed to interact with a site if they are approved and nonharmful. If you want to have an app or service that interacts with a website, you have to strike a deal with the website, otherwise, you are likely criminally accessing their site and server. Your first one, about uploading different size photos to a website than the site itself allows: Most sites are designed how the site wants them to be. There may be other issues involved, such as the width of other things on the page, the desire to have all photos match in size for nicer layout, the desire to limit storage space, etc. So they probably do not want you monkeying with that. Your second example, of cloning peoples' photo albums, violates their copyrights, privacy, and other rights. It may also be a criminal violation of privacy laws. Your third example, of handing bonus points outside the system of the website, would be a violation of their TOS as well as unauthorized access under CFAA. My conclusion is that your plan would be civilly and criminally illegal in many ways. However, if you use the same technology to create desirable apps that interact with sites that approve of the interaction on their site, then you have a marketable plan. The apps are not likely to be legal if they violate copyright or privacy laws. If you are actually capable of developing such services, then work closely with a lawyer. Some apps are used by users of big sites, but do not actually interfere or interact with the site itself. But, it sounds like the ones you have mentioned would interact. For example, bitly came out as a link shortener and was widely used on Twitter. Twitter authorized its own automatic link shortener, but it is nowhere as nice as bitly and lacks the same features. One can still legally use bitly on Twitter because it does not interact with Twitter. Many app developers take the chance and impose their apps onto a site, but when you directly interact and interfere with the operation of a site, you are most likely going to get in trouble.
Answered on Mar 06th, 2013 at 5:55 PM

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