A little over a year ago I created this post, calling out anyone using Web CEO, SEOmoz’s Rank Checker, or SpyFu as being dishonest. My intent wasn’t to make anyone feel guilty or really call anyone out, my intent was that hopefully someone could convince me I was wrong, and that violating Google’s terms of service is, in fact, not dishonest. Some people have submitted interesting arguments, but so far the best one is that while any website can put up a terms of service agreement, this does not actually mean anyone using the website is dishonest if they violate it, it just means they open themselves up to whatever consequences Google cares to muster, the primary consequence being that Google might interfere with your activity. In other words, the purpose of the TOS is not so much to modify behavior of users, but to give Google the right to do whatever it sees fit if users do things they don’t like.
You might compare it to an “No Trespassing – Armed Response” sign on a fence bordering private property. Is the sign saying that if you trespass you’re a criminal? No, but it’s saying if you do trespass, the owner reserves the right to shoot at you with a gun, and you’ve been duly warned. Can Google’s TOS be taken in a similar light? That is, I can send automatic queries with a clear conscience, I just need to be aware that Google reserves the right to combat my activities in any way they see fit, and I’ve been duly warned of that fact? Or, when I visit their site, am I formally entering into a binding contract and giving my word to follow their TOS, any violation of which makes me a liar?
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I’ve been wondering the same thing. What I’d really like to know is if I have some automated script that innocently grabs some useful info every once in a while – nothing malicious at all – then what is the worst they can do to me? If all they can do is interfere, then fine, I’ll go ahead and try, but if the TOS gives them the right to take any kind of legal action, I’ll think again. Does anyone know to what extend they can take action?
I think a TOS is generally only a warning of what Google doesn’t want you to do with their service. It is not a contract. Using your example, the warning sign on the fence tells you to stay out. You comply or not, the property owner has the option to shoot you for trespassing if he catches you. However, if he does not catch you trespassing you can’t be sued for violating the contract because the warning sign is not a contract. You can however be sued for trespassing.
More clarification is needed I think on what the terms TOS means. The point about trespassing really comes down to whether it’s worth the risk being on the ‘land’ in the first place. Yes you can get sued sure if there’s a pot of gold on the land, but is it worth being shot over?
I think it is not about being “dishonest” the right term to use if you violate, for example- the TOS of google is contempt, because you are disrespecting their rights imposed on their TOS. It’s not about being honest, it’s about being obedient
Well, Google has a right to change its TOS anytime it deems fit. Its for users to stay on the safe side and as mentioned in the blog its not always about being dishonest (there is even room for ignorance here). I just feel there needs to be a clear demarcation of what is right and what is wrong.
Violating a TOS is not being dishonest, especially if you did it unintentionally because of lack of knowledge you were already against TOS. However, I think there is dishonesty involved when you are aware it is in violation and yet you still do it knowingly and willingly despite that.
Its really not being dishonest by violating the TOS.. But if someone does it intentionally, its really wrong. Though there is a room for ignorance, but it does not mean that one keeps on violating the TOS again and again
Its not dishonest to violate google’s terms of service. May be we get banned or some other outcome may occur but Google is only a system and violating its rule is not dishonesty.
This is what they say, “do so at your own risk.” Yes you have been warned and yet you still continued with your course of action that may not give a favorable response. Whatever it is, you’ll have to accept the consequences. However, in my opinion this is not about being dishonest, and lying as if Google won’t know.