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

[Robert "khuxkm" Miles]

This conversation is getting away from Gemini, so I'm going to wrap it up here and let us agree to disagree.

November 26, 2020 3:11 AM, "Krixano" <krixano at protonmail.com> wrote:

> First of all, lets not conflate a spec with law. The spec
> doesn't have to follow law. A spec is a guideline, it doesn't
> have to match law, and it doesn't have to be adhered to either.

Okay but if you wanted something for the law being broken (i.e; your copyright being infringed), you have to go in front of a court of law.

> Secondly, let's actually look at what the court ruled here, on the implied license front:
> 
>> consent to use the copyrighted work need not be manifested verbally and may be inferred based on
>> silence where the copyright holder knows of the use and encourages it.
> 
> Notice the "where the copyright holder knows of the use and encourages it."
> That's not necessarily the case in this discussion. It was the case in that court case.
> That court case literally doesn't apply here. Especially since Field explicitly added code
> so that search engines would index *the URL* of the page. This is not the case in this discussion
> as the
> absence of robots.txt would *not* be explicitly allowing search engines to index the URL of the
> page, and each
> server that doesn't have a robots.txt would not "know of the use and encourage it".

I don't know where you got the idea that Field added code to make the engine index the URL-- that's what a search engine does-- but I don't care at this point.

> Finally, precedents can be challenged by the Supreme Court. For example, the current Supreme Court
> case of Google v. Oracle dismissed everything the district courts and the Circuits had to say,
> because the Supreme Court looks at things freshly.

Google v Oracle is an *ongoing* case. No precedent was set, because the case never actually came to rest. See the EFF's page on it:

https://www.eff.org/cases/oracle-v-google

Just my two cents,
Robert "khuxkm" Miles