the ToS - WP owns our posts; they are no longer ours

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adverb
Toucan
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16 Jan 2009, 10:17 pm

at the bottom of every page is a link to the WP terms of service. who's read it? what did you think about this part, especially the last paragraph?

Quote:
WrongPlanet.net reserves full rights to information and content posted anywhere within the
wrongplanet.net domain by any of its visitors, members, and staff.

By posting to the forums, or any other sections of this site, you signify agreement that you
are giving WrongPlanet permission to use, modify, and reproduce your submission, in part or
in whole, in any way, shape, form, or method in which we decide to do so, at any point in
the present or future at our discretion.

Any and all information posted on WrongPlanet.net may not be copied or used elsewhere, in
any way, shape, or form, either on the Internet or in print without express written consent
of an owner of WrongPlanet.net.


"any and all information posted on WrongPlanet.net may not be copied or used elsewhere". so, if you've ever posted a poem you wrote or some artwork, WrongPlanet now owns it ("reserves full rights" - you gave all yours up.)and you can no longer publish it anywhere else. sure, that may not be legal or enforceable, but still, kinda scary, yah? especially when in the section after they assert their rights to everything you post, they talk about legal action against you if you violate those rights that they claim they have.

what does the community think about that? and does anyone else find it weird that the site claims we're bound by those ToS when we never have to say we read them, never even have the option to read them, when we sign up for an account?


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makuranososhi
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16 Jan 2009, 11:04 pm

Rather unenforceable, I'm afraid.


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gbollard
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17 Jan 2009, 2:59 am

The company I work for is seriously "law-orientated" and even they balked at putting too much reliance upon copyright etc... disclaimers.

Ultimately, the creator of a work is the copyright holder unless it was done for financial gain - in which case, they're joint copyright holders.

In all countries (though I could mention some as "dubious") copyright laws are respected.

WP is not going to be in a position to sue you, take ownership of your work or have it removed from your personal website.

The reverse is also true, there's not a lot you could do if WP decided to publish a page with information from posts you've written - though actually mentioning names if they were done on "private forums" could be a problem.

I'm not quite sure what it means for WP email but I'm fairly certain that they couldn't "own" the content.



Pikachu
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17 Jan 2009, 8:57 am

no, they wouldn't own something YOU own if YOU created it, surely

if you are the copyright holder then you are free to do whatever you want with your work

I think it's a case of "If you have posted to the site then you have given wrongplanet permission to use it"

if I am wrong, then do correct me


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0_equals_true
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17 Jan 2009, 7:31 pm

Don’t misunderstand this is completely normal. It is not because they are remotely interested in your work it is to stop them being sued. In actual fact it shouldn't be necessary for them to explicitly state this, it is merely strengthening any defence. Yes if you publish something publically for free on a forum that you hope to profit later(in monetary value or otherwise) it is pretty misguided in the first place. If you want to publish something and be sure you own the rights completely either do it all yourself or make sure you draw up and read the contract with the people doing it for you. Or else you will get caught out.

If someone puts some of your original work, which is not fair use, on here without you knowing then you can get it removed.

It is not as if they are applying this stuff after you signed up and the terms of service were given.

Personally I learn more towards copy left. However in the culture of copy right, forum owner need to protect themselves from being sued. This is pretty topical what with “messygeek”, so hardly surprising.



Ruchard
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06 Apr 2009, 6:23 am

why



CanyonWind
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06 Apr 2009, 1:23 pm

Anybody stealing poetry gotta be the dumbest thief in the world.


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sinsboldly
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06 Apr 2009, 10:56 pm

I was working on a project that needed some of my posts from the old Dino Aspie Cafe and I asked Alex (long before I was modded). He said no problem, just take yours. So I did.

the ToS is the legal stuff.

Merle


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Inventor
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07 Apr 2009, 3:21 pm

1. It grants a use right to WP.

2. It gives blanket Copyright notice for the entire site.

3. Granting permission for use is not parting with ownership.