Rights and freedom in the digital world
#1
Rights and freedom in the digital world
I suspect many people here post to and read other web forums, particularly those concerned with bikes. HDForums seems to have the richest culture (did I really say that?!?!), but diversity is good, and, this being America, a good idea doesn't go uncopied.
I've been browsing around recently looking for other biker sites to peruse. Among them are the likes of HarleySocial and Road Cruising. I decided to read the Terms of Service (TOS) for those two, just to get an idea of what kind of places they were. In my line of work, I'm used to reading really dry stuff like that, and have seen hundreds of such things over the years. One thing popped out at me that bothered me, an example of which is below. I have to say that I didn't read the TOS when I signed up for HDForums, just the posting rules (I don't remember seeing a formal legal document here when signing up), which are fairly plain spoken, straightforward and acceptable. On the other hand, when a site says...
...I get a little bothered. Now, most things posted on web discussions aren't things we'd want to retain rights to, such as, "Dude, that is a totally hot set of pipes you have there. Good job on the upgrade." But when you post pics of your bike, yourself, original artwork, video, or even the recounting of a cross-country bike trip, the last thing you want to be doing is relinquishing your rights to that "content" to the site you're on just by clicking "Post This Message" or "Upload This Photo."
So, be careful when signing up for web sites. A court ruling some years back determined that clicking "I accept" on a license agreement or TOS document, whether or not you read it, was as good as signing a contract. If you don't have the stamina to read through one of those things without falling asleep (believe me, it takes practice), ask someone who does. If I don't get swamped with requests, I'd be happy to review the occasional TOS document for anyone concerned. PM me if you're interested, with either a link to the site or the text of the thing right in the PM. I usually log on here daily.
I decided against signing up for either of the above-named sites because of their TOS. The first one seems to be based on software just like MySpace, and has its cool aspects. The second has a little less bling, except for its cool photo slideshow widget. Unfortunately, the TOS of the second is where I snagged the above clip.
Corporate pirates are sneaking their way in. Be on guard where you can.
I've been browsing around recently looking for other biker sites to peruse. Among them are the likes of HarleySocial and Road Cruising. I decided to read the Terms of Service (TOS) for those two, just to get an idea of what kind of places they were. In my line of work, I'm used to reading really dry stuff like that, and have seen hundreds of such things over the years. One thing popped out at me that bothered me, an example of which is below. I have to say that I didn't read the TOS when I signed up for HDForums, just the posting rules (I don't remember seeing a formal legal document here when signing up), which are fairly plain spoken, straightforward and acceptable. On the other hand, when a site says...
all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company.
So, be careful when signing up for web sites. A court ruling some years back determined that clicking "I accept" on a license agreement or TOS document, whether or not you read it, was as good as signing a contract. If you don't have the stamina to read through one of those things without falling asleep (believe me, it takes practice), ask someone who does. If I don't get swamped with requests, I'd be happy to review the occasional TOS document for anyone concerned. PM me if you're interested, with either a link to the site or the text of the thing right in the PM. I usually log on here daily.
I decided against signing up for either of the above-named sites because of their TOS. The first one seems to be based on software just like MySpace, and has its cool aspects. The second has a little less bling, except for its cool photo slideshow widget. Unfortunately, the TOS of the second is where I snagged the above clip.
Corporate pirates are sneaking their way in. Be on guard where you can.
#2
RE: Rights and freedom in the digital world
So if you post a picture by linking to, say, your own domain, do you think that becomes the property of the site you're posting on? I don't think so. Nor do I think, for example, the owners of this site could tell me that since I've posted my avatar here, that it's their copyright and I can't use it anywhere else now that I've put it here, too.
While I agree that clicking the I accept is binding, I don't think - if push ever came to shove over use of a photo, as long as it's copyrighted - that clause would hold up.
You can also always watermark anything you post here so the original remains yours alone.
While I agree that clicking the I accept is binding, I don't think - if push ever came to shove over use of a photo, as long as it's copyrighted - that clause would hold up.
You can also always watermark anything you post here so the original remains yours alone.
#3
RE: Rights and freedom in the digital world
Your intellectual property only becomes the property of the site you are posting it to in as much as allowing them the right to publish it. There's no clause (that I have read) that states you relinquish all rights to said material and winning a judgment to such claims will be very hard to do.
Basically, by posting on said site(s), you are licensing them to publish your original material in perpetuity.
Basically, by posting on said site(s), you are licensing them to publish your original material in perpetuity.
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