Earlier quoted context omitted.
Actually it completely does. You don’t own my computer, software, or it’s settings. In accessing your content I am committing no act of fraud or theft since the user agent string is not a qualified identifier. Are you directly giving it to Google via encrypted tunnel? I am not redefining how any technology works or making any alteration to your distribution or your service. Yet, you are still giving it to me free and…
What makes you think that the technical ability to do something confers either the legal or moral right to do that? Just because it's technically possible for you to trick me into thinking you're Google does not mean it's ok for you to do that. You tricked me into giving you something I thought I was giving to someone else; that doesn't mean you have permission to do this, that just means you tricked me . Neither leg…
Because I am operating squarely within the specification, designs, and intentions of the technology. When this is not the case there are two possible outcomes: a defect or missing security.
The absence of security or warning thereupon is an implied invitation. This is why, at least in the US, a warning must clearly be stated before trespassing can be enforced. In this case it isn't even remotely confused with trespassing because you are giving me the prize simply by my asking for it without any regard for who or where I am.
We can invent all kinds of fictions as to why this is right or wrong. More important is whether I am violating security (there is none to violate) or violating technology (clearly I am using HTTP properly). Ultimately this distills down to one question:
If you don't want me to access a given content then why are you giving it to me anonymously?
The answer to that question determines why the use of a technology qualifies the usage behavior.
> Just because it's technically possible for you to trick me into thinking you're Google does not mean it's ok for you to do that.
Why is that not okay?
> You tricked me into giving you something I thought I was giving to someone else
I did no such thing, because you never asked who I was. Would you give your car keys to a complete stranger assuming they are a valet without any consideration as to whether they are who they claim? If in this case the car is stolen what is your expected recourse?
> that doesn't mean you have permission to do this
It is perfectly legal to modify my user agent identifier for any reason at any time. It is my computer, my software, and my settings.
> that just means you tricked me
How could I have tricked you? You never bothered to ask. This is how this technology qualifies its use in this way. You made a faulty assumption and are shifting the blame for that assumption. You can continue to be upset about this, but you will continue to hand me the content that you wish to protect without any legal recourse or restitution.
If this were my business I would abandon this irrational commitment to a failed idea and either secure my financial model or just open it up.