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NSI Modifies "whois" Agreement
drwiii writes "Our good friends at NSI have modified their WHOIS agreement yet again, and it now seems to forbid any repackaging of the results returned from the query, even if your interest is not commercial. Also, notice how the agreement now appears before any results are returned.
" I noticed it says "significant portion", but it also never really defines it, either...
It broke my scripts. All I want to do is find out if a name is taken already before I allow a user to proceed thinking all is well.
I'll bet that's the idea, only they are targeting the new registrars who might want to automate the process of registration.
The biggest mistake in breaking NSI's monopoly was that they got to retain the actual root servers and the whois database. IMHO, the whois database should be regarded as a public record like the property records are.
Each registrar should be REQUIRED to have at least two root servers located on different networks, and a complete copy of the whois database. Whois updates and new DNS entries should be circulated like a newsfeed between the registrars. Each registrar should be assigned a night or nights where they circulate the entire contents of their databases so that consistancy can be checked and maintained. Database feeds should be provided free of charge to any and all who want the feed (provided they have the pipe to handle the data, 1200 baud users need not apply) as a REQUIRED public service.
This might be an example of what a Geek Union would be good for. "We have already cached the root servers. Open the whois databases or we'll all switch to new root servers and lock you out".
Every large ISP perpetually repackages and disseminates substantial portions of the WHOIS database, no matter what your definition of "substantial".
Their claim is invalid for the following reasons:
Any one of these would invalidate their claim, even if they fixed the others! (Remember this, in case they fix any.) I don't think their claim could ever stand a chance in court.
So does anyone want a CGI script that's a whois gateway? Install it on your site to automatically violate NSI's claim. It would force them to either openly ignore you or take you to court, where they'd have no case. If anyone wants to snub NSI like this, ask me and I'll write a simple whois gateway for you.
On another front, it really seems to me that if all the sysadmins are pissed off at NSI, we could all start pointing our DNS's to an alternate root DNS server (maybe in addition to NSI). What, exactly, is stopping us from doing this? Even if only half the sysadmins did it, the others would follow suit so as not to lose access to all those alternate domains.
You have agreed to turn over all intellectual and physical property to ME(tm). Your clothes, your food, the very air you breathe belongs to ME(tm). Any attempts to move from the spot you are currently situated in will be considered destruction of MY(tm) property and legal action WILL be taken. As your bed or chair is also now my property, you can no longer just lie/sit there either. Lying in bed will be considered unlawful use of MY(tm) property, and legal action WILL be taken. Clicking any button on your computer at all will be considered a binding agreement to this EULA. I have your URL, expect to hear from MY(tm) lawyers shortly.
It appears that NSI is no longer asserting ownership of the individual records, but only
of the database as a whole: "Compilation, repackaging, dissemination, or other use of the WHOIS database in its entirety, or a substantial portion thereof, is not allowed without NSI's prior written permission."
The restriction that NSI began attaching in May said: "You agree that you will not reproduce, sell, transfer, or modify any of the data presented in response to your search request, or use of [sic] any such data for commercial purpose, without the prior express written permission of Network Solutions."
So in fact this seems to be a step back towards open records. Now, whether their claim that use of the entire database is "not allowed" has any legal force is something a lawyer would have to answer. They don't explicitly claim copyright, except with the "All rights reserved" statement and my memory is that the phone companies failed with similar "compilation copyrights" on white pages in the past.
They also seem to have disabled telnet access to the whois database.
I didn't pay NSI $70 for my address to become their property. I wanted a service to distribute my information in a freely available manner. When I submitted my information to them with credit card number, in no way did they claim it was their property and they would restrict its availability. This negates the whole rationale behind my domain name. What we have here is a monopoly and they should be bypassed. But, who has the servers and money to handle their capacity? Its evil and needs to be stopped.