copyright licensing terms-of-service commerce
Does use of a dictionary count as commercial use
<p>Does use of a dictionary on a website count as commercial use if I use its translations <strong>manually</strong> when writing some document that is used in business? Moreover, if there is a note in the website's Terms of Service like this one <em>You may not copy any part of our services</em>, is using the dictionary considered as copying?</p>

<blockquote>
<p>Does use of a dictionary on a website count as commercial use if I use
its translations manually when writing some document that is used in
business?</p>
</blockquote>
<p>Probably, although the determination is made on a case by case basis considering all of the facts and circumstances.</p>
<blockquote>
<p>Moreover, if there is a note in the website's Terms of Service like
this one You may not copy any part of our services, is using the
dictionary considered as copying?</p>
</blockquote>
<p>It is still copying, but it is copying with express permission to do so from the presumed copyright holder (assuming that the copyright holder is the owner of the dictionary website). If the website is infringing on the dictionary copyright owner's copyright, so are uses of the website, notwithstanding the website's terms of service, although the person using the website may not qualify as a willful infringer subject to extra penalties for willfulness in that case.</p>

<p>If the website clearly indicates it is not for commercial use then you can not and should not be using it for profit.</p>
<p>It's like me saying; &quot;I will sell your manual translations for more than you do and advertise it differently&quot;. Would you consider this fair on you?</p>
<p>If it is open source with no real 'owner' like public comments on Facebook making the newspapers etc then have at it but if someone's specifically asking you not to do it, it's probably because they have a small server (and they have to pay or build server space) which costs them maintenance costs. If everyone uses it then it will just make it harder for the developer to maintain and that might not be what they want to do everyday. So professional consideration at a minimum I'd say.</p>
