The above post is solid in that a member expresses consent to the site when they agree to the TOS, however, that is also not a carte blanche. That does not grant the site the right to reproduce, retransmit or otherwise disseminate the content. And, if the content is found to be copyright of someone other than the member who posts it there is strong possibility of a legal notice to remove the content. As has been stated several times now, the underlying issue is proving damages, which is extremely difficult to do.
I can tell you ESPN has gone to court regarding the infringement of their ESPN Insider articles by certain websites and has been awarded damages. In their case, obviously the content is a paid subscription and they can prove financial losses.
This particular issue is not the same.
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