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Ask HN: Is this legal?

10 pointsby gumboabout 14 years ago
Hi There. I've crafted the last weeks a mobile app (android/iphone) that allow people to know the schedules of trains for the national train company. The company don't have any web service, so how i've done that?<p>They actually offer on their website a for to query their system but it is not optimized for the mobile and it is so slow. So i've build a proxy on my server that query and cache the schedules it also expose the datas as a REST web service.<p>The app is already on the app store and android market, but i'm wondering if i'm not violating a law here.<p>So is this legal in USA?<p>Thanks in advance.

3 comments

Yana_Convelifeabout 14 years ago
It is very unlikely that a large national train company wouldn't have TOS for the info on its website. Have a closer look. It may be in a non-obvious place.<p>If its TOS is something like Amtrak's, the company may still not have a successful suit against you. Amtrak's TOS require the user to recognize that Amtrak's proprietary right in the data on its website is valid and enforceable probably because the law does not recognize that right by default. I think it is written that way to allow Amtrak's attorneys to make some creative arguments in court if it would need to sue. But to win they would probably need to convince a judge to change the law. Having said that, the company could still sue if it really doesn't want you to provide the app in the hope that you settle before the case reaches trial.<p>Do consult a lawyer just to get a sense of the likely risk of lawsuit.
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daimyoyoabout 14 years ago
In my opinion(I'm not a lawyer) it's better to ask forgiveness than permission. So market the app. Then, if the train company tries to harass you, take the app down and open source it. That way, you'll make money between the time you launch, and the time the train co notices you, and you'll have a great reference for your next project. And if they choose not to do anything, even better! Just make sure you back down when their C&#38;D comes. No need spending all your profits on attorney's fees.
phluxabout 14 years ago
Legal yes. It may be against their terms of service or some lame restriction because your showing them to be less competent.
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