Originally posted by macphoria
I absolutely agree. But it seems what is at issue here is more of ethics than technicality or legality. PBzone technically could view this fellow's server content because it wasn't secured. But it was not very ethical, not obtaining his permission to post his personal materials.
You know, I land at different positions every time I try to reason through this. The whole idea of the web, as an inherently public medium challenges many of our traditional stances toward "property rights," to their core.
On the one hand, nearly everyone would instantly agre that pulling an original piece of artwork from one site and using it on your own, without the artist's permission would be both unethical and illegal.
At the same time, the idea of linking to that piece of art from your site would be considered both ethical and legal, if a proper credit was associated with the link... even though the link is without the artist's explicit permission, and that the link saps costly bandwidth from the artist's site.
Bit, what if the image is not displayed on the artist's web page? What if it's just one of many files inside an innocuos directory, one of many on the artist's web server? Is the link ethical then? Is it legal? What if the root directory is passworded, but someone sends you the acces info, and you post a direct link (with the security acces info embedded)? Is that wrong? Is it illegal?
What if the server's not passworded at all? What if, instead of an artist's server, with images, it's an attorney's server, with client meeting notes? Would pulling and making public those notes be moral?... legal?
A doctor's server, with patient case notes? A company server, with internal business correspondence?
A personal server, with archived materials intended to help the owner with his job?
Is mis-purposing private materials wrong?
The answer to all of these questions can be found in an ancient concept called the Golden Rule.
How would you feel if it was done to you? If the answer is, "Damn, that would suck if somebody did that with my data," then I think it's unethical to do it.
Should we all safeguard our data as best we can? Of course. But, again, this parallels the specious argument that a woman wearing a short dress "deserves" to be raped. If we have server security that's short of a certain standard, does that make us repsonsible for someone taking and mis-purposing our data?
It's all enough to cause sleeplessness. And, I'm not sure where the hard and fast answers lie.