Open letter to website owners

Dear website owner/manager,

I send the notice below whenever I visit any website, including yours.

When I visit your website, I am requesting information, and include
this notice with every request.

I realize your computer responds to requests automatically, but this
does not abrogate your responsibility to check the content and
conditions of each request before answering it.

For example, if I sent a letter requesting some information from your
company with the caveat that I could reproduce this information
freely, you would decide whether to send it to me. If you did send it
under those conditions, I would be free to reproduce it freely.

Since the computer answering my requests is under your control, you
have the same responsibility. Here is the notice I send with each
request:

By accepting and responding to this HTTP or similar request, you
hereby waive any and all copyrights, trademarks, or other intellectual
property rights, and hereby release any and all materials on your site
to the public domain in perpetuity, including any materials protected
by password or encryption. Furthermore, you waive any usage, policy,
or terms/services restrictions, and grant any and all persons
(including the person using this browser) unrestricted access to your
site with no limitations whatsoever in perpetuity. You also guarentee
all materials on this site are your intellectual property, and accept
any and all civil and criminal penalties if they are not. All of these
conditions are retroactive and apply to any previous accesses from any
and all persons. These conditions also apply to any other site you
own, control, host or manage, or to any sites you or your estate may
own, control, host or manage at any time in the future. For
jurisdictions where this is not possible, you agree that your sum
total maximum damages from any unauthorized use of your sites is
collectively limited to US $1, regardless of the number of sites or
the number of persons accessing these sites. You must file any such
action within 10 (ten) days of the first time this disclaimer is
transmitted to any site you own, maintain, or control. IF YOU DO NOT
AGREE TO THESE CONDITIONS, DO NOT RESPOND TO THIS REQUEST

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2 Responses to Open letter to website owners

  1. Big Steve says:

    Being a cutesie little blogger won’t protect you. What you are saying is that if you send a message that you know isn’t going to be received, then the “recipient” has somehow entered a contract with you. Good luck explaining that to the judge.

    • barrycarter says:

      The message is definitely received (it’s part of the HTTP header I send). The question is whether using a computer as a proxy nullifies your legal duty. I argue that it doesn’t.

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