Assuming disallow-all, and some research on robots.txt in Geminispace (Was: Re: robots.txt for Gemini formalised)

[Robert "khuxkm" Miles]

November 26, 2020 2:47 AM, "Krixano" <krixano at protonmail.com> wrote:

> He didn't have a case because courts rule on multiple things, not just one thing.
> Stop trying to twist information. This is what the court ruled:

I'm not trying to twist information. I feel like your argument hinges on him having been able to
also successfully argue the fair use angle.

> What does this tell us? It tells us that even if he won the implied license,
> he would have lost the case anyways because Google had Fair Use.

So an archive counts as fair use then. A non commercial archive can use Field as precedent: it's
for archival purposes, the work is available for free online, it may be a complete archive but the
full work is available for free online, and there's no market for someone's random prose that they
make available for free.

Ergo, anyone can make an archive of anything they aren't explicitly told not to via robots.txt (at
least in the US) and get away with it.

> Anyways, you're the one who brought up this court case, not me. I don't agree with
> the court, and I don't have to agree with the court, and neither does any other
> gemini user. Mind you, the spec isn't for legality, it's for gemini users and what
> they think. The gemini spec won't affect any legal things at all.

Okay, but "gemini users and what they think" won't matter. The only place to seek relief is a court
of law, and the court of law is firmly against you here.

While I was drafting this you responded to my other email, so I'll merge the two replies here:

November 26, 2020 2:50 AM, "Krixano" <krixano at protonmail.com> wrote:

> I never argued it wasn't a precedent. However, it hasn't gone up to the
> supreme court yet, who is the final arbiter for federal concerns.

Well, if the case never made it to the Supreme Court, then the lower court's ruling stands. Ergo, it's still a precedent and most courts in the US would still follow it.

Just my two cents,
Robert "khuxkm" Miles