Brett_Tabke - 2:58 am on Oct 20, 2007 (gmt 0)

>It doesn't make it legally binding though.

It absolutely makes the copyright legally binding and the claim of intellectual property public. Soft licenses were fought for and won in the 80's. Microsoft has never lost a soft license usage agreement case in their history. Running code from a website is not so different than running code from a cd.

It does NOT mean they are going to take action against you if you do so. However, if you reuse the code or do end up in a copyright, or intellectual property dispute with them - they have this tool in their legal bag to use.

> viewing html source code

Is 100% identical to those computers that came with builtin disassemblers and monitors to view and analyze code. Just because you can view code gives you zero rights over that code, other than the soft license rights you agreed to when you used the site.

> visiting the site, you have a cached copy located on your computer?

Very true - and has nothing to do with what is claimed in the TOS.

>No apparent understanding of how webpages work whatsoever.

They have a perfect understanding of it and why the condition of service is included.

> If the page renders, you're viewing the markup language code (html).

If you are seeing the html source code, instead of the rendered page - something has clearly gone wrong.

>They created HTML code and transmitted that HTML code to the user;
> certainly indicating their willingness to allow the visitor access to the HTML.

Access and use as intended - yes yes yes. Analyze and use not as intended - no.

>assuming that software program code and markup text are equivalent.

So javascript is just markup? What about tricky css hovers - or display afters - or other action based "markup"?

> This claim is clearly bordering on ridiculous.

You need to realize, the only thing being claimed is copyright and intellectual property. This is no different than a song writer claiming copyright against being sampled.

>An interesting chance to call this firm to task...

Ya, they should get an award for sticking up for webmasters and site owners. I look around the web, and there are very few people sticking up for our independent intellectual property. Quite the opposite really. I salute anyone taking a stand for publishers, site authors and website owners.

In the end, this line in their tos only means that if an issue surrounding intellectual property of code ever comes up, they have this tool in their bag to bring into a case. It is not an offensive weapon, it is a defensive tool.