Abstract

http://ssrn.com/abstract=1007183
 
 

References (18)



 


 



Regulating Website Access for Automated Means Such as Search Bots and Agents: Property or Contract?


Martine Boonk


VU University Amsterdam

Arno R. Lodder


VU University Amsterdam - Computer/Law Institute; VU University Amsterdam - Faculty of Law


Contemporary Issues in Law, Vol. 7, No. 4, pp. 360-374, 2005/2006

Abstract:     
This paper deals with legal issues concerning website access for software agents, notably the question how terms and conditions on a website can be presented in such a way that software agents and other automated programs exploring the internet can adhere to them. We discuss the technology behind requesting website content, and indicate for what reasons website owners regulate access to their web sites.

The core of the paper analyses the legal grounds for applying terms and conditions to websites: property rights and contractual duties. In our discussion we take into account the theory of browse-wrap licenses and case law from both Common Law and Civil Law countries. We also argue that under specific circumstances, the mere visiting of a website may constitute a contract.

The question as to whether what holds for human users also holds for automated means is given special attention. Finally, we introduce ways to more effectively regulate website access for automated means.

Number of Pages in PDF File: 19

Keywords: website access, property, contract, search bots, agents

JEL Classification: K10, K11, K12

Accepted Paper Series


Download This Paper

Date posted: August 15, 2007  

Suggested Citation

Boonk, Martine and Lodder, Arno R., Regulating Website Access for Automated Means Such as Search Bots and Agents: Property or Contract?. Available at SSRN: http://ssrn.com/abstract=1007183

Contact Information

Martine Boonk (Contact Author)
VU University Amsterdam ( email )
De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands
HOME PAGE: http://cli.vu
Arno R. Lodder
VU University Amsterdam - Computer/Law Institute ( email )
De Boelelaan 1105
Amsterdam, 1081HV
Netherlands
VU University Amsterdam - Faculty of Law ( email )
De Boelelaan 1105
1081 HV Amsterdam
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 961
Downloads: 130
Download Rank: 127,894
References:  18

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.265 seconds