My main problem is that the WotC TOU is not really clear.
In the Terms of Use of the Gatherer Services, one can read, chapter 7:
Quote:
7. User Content
As part of your use of the Services, you can create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, names, characters, items, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other files, items, materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to Wizards or our third-party servers of websites, or to other Users and/or their computers or networks, in various forms, such as in the selections you make for a service, posts, chat, and in forums and message boards, via a friends network and similar user-to-user areas, features and services which are not owned by Wizards, or to which Wizards does own rights or manages (collectively, your "User Content").
>> If you read carefully what is highlighted in blue, GEx seems perfectly legal, as it create and disseminate to other users a database and pictures to which WotC does own rights and manages. But chapter 9 states:
Quote:
9. Limits on Use of the Sites and Services
You agree not to engage in any of the following: (a) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Sites or Services.
>> GEx is accessing the Services automatically, and copying part of the site. I think it violates this part of TOU.
Quote:
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services
>> What does "unreasonable" means ? If 1000+ ppl are using GEx at the same time, is the load on WotC servers unreasonable?
In addition:
Quote:
8. Intellectual Property Ownership; Rights Granted to You
Site Content and the Services are the proprietary property of Wizards or its licensors or other Users, and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-sublicenseable license to access and use the Sites and Services, and to electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content and/or Services for your personal, noncommercial use only; provided, that you preserve any copyright, trademark or other similar notices contained in or associated with such Site Content or Services. Such license is subject to these TOU and does not include: (a) any resale or commercial use of the Sites or any Site Content therein and/or Services; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution (electronic or otherwise), public performance, or public display of any Site Content or Services; (d) modifying or otherwise making any derivative uses of the Sites and Site Content or Services, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, any Site Content, the Services or any information contained therein, except as expressly permitted on the Sites or pursuant to the Services; or (g) any use of the Sites or Site Content or Services other than for its intended purpose. Any use of the Sites or Site Content or Services other than as specifically authorized herein, without the prior written permission of Wizards, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
>> The first part tends to state that GEx is legal: it offers a way to electronically copy portions of the Site. In addition, all copyrights are preserved as GEx disclaimer clearly indicates that all copyrights, trademark are own by WotC. But the second part also clearly states that extraction methods are not included in the license granted.
I think one solution is to ask Wotc for a written permission to use the services as GEx does. And I am not really sure I'll be granted such a permission. The key point is that GEx is a really useful tool for handling a MtG database for boutique or fan websites, and is free of charge. The other solution is to extract database from magiccards.info only, despite I ignore if this is acceptable for WotC.
Any help to clarify those issues is very welcome.
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