Application to backup your own posts on a web site.

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Old Mar 22nd, 2009, 10:25 PM   #1
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Default Application to backup your own posts on a web site.

I need to know if what I want to do will get me sued.

I run a website that is based on user generated submissions, there are many other websites that focus on the same niche, but only a handful regarded as "goto" sites..

Many of these provide a means for users to take their own content and back it up on their own PC's via some downloadable form.

One of the larger sites in this niche does not offer that service to its users AND has been know to be failry agressive towards it's users when they didn't see eye to eye.

All of this for my question.

I have developed an application that will allow a users to authenticate against this site and backup all their own data and export it to a CSV to store on thier computer (which I will in turn allow them to upload to my site if they choose).

Here are a some clips from their TOS that may have to do with this..

Quote:
No Automated Querying
You may not send automated queries of any sort to website.com's system without express permission in advance from website.com.

User and User Content Removal
website.com retains the right to delete user accounts, all associated content, or selective content, without notice or explanation, and may not be held liable for the loss of users or user content. The backup of intellectual property to a non-website.com Service or personal media device is the sole responsibilty of the user.
I feel that the latter part of User Content section says that if they were to use this software it would be legal.

Also, this application only accesses public webpages and scrapes the own users info from it for backup.
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Old Mar 25th, 2009, 03:03 PM   #2
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Default Re: Application to backup your own posts on a web site.

If the info is backed up and the action intitiated by the user himself then it is legal.

You cannot let others get it.
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Old Mar 26th, 2009, 11:37 AM   #3
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Default Re: Application to backup your own posts on a web site.

"You cannot let others get it."

What exactly do you mean by this? Is the implication that the user can not upload this content (per the user agreement, the USER'S own content) to another site for use there?
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Old Mar 27th, 2009, 10:19 AM   #4
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Default Re: Application to backup your own posts on a web site.

I am just entering the thread here but that often depends on what the terms of service say. Many sites say that once you give comments or info it becomes the property of the site. Others say the site gets a perpetual license.

The two approaches can have different effects on whether users can take their content back for any purpose.

You may want to have counsel go through your details more closely.
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