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  #11  
Old 10-19-2012, 02:33 PM
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Max Taxable Max Taxable is offline
 
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Quote:
Originally Posted by ProSportsForums View Post
Content isn't copyrighted just because you have a website. I think you're misinterpreting the DMCA. You have to hold a legal copyright of the material. How many websites actually file legal copyright of their material? How many originate 100% of their material? One can only copyright material one originated. You can't copyright the written, recorded or graphic work of someone just because they post it on your website.
Did I say anything about copyright? I am talking about physical ownership of property. Accounts, posts, all content is owned by the site, not the person posting it.

It is also subject to protection under the DMCA, as such.
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  #12  
Old 10-19-2012, 02:45 PM
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Quote:
Originally Posted by Max Taxable View Post
Did I say anything about copyright? I am talking about physical ownership of property. Accounts, posts, all content is owned by the site, not the person posting it.

It is also subject to protection under the DMCA, as such.
Digital Millenium Copyright Act

To reiterate, the member should consult qualified legal counsel.
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  #13  
Old 10-19-2012, 04:29 PM
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Quote:
Originally Posted by ProSportsForums View Post
Digital Millenium Copyright Act

To reiterate, the member should consult qualified legal counsel.
There's still no disputing that your original statement which I first quoted is false. Forum property is NOT the property of the person who posted the content. Neither is the account used to post with. It is ALL property of the site. You don't own your account or your posts.
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  #14  
Old 10-20-2012, 12:39 AM
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Quote:
Originally Posted by Max Taxable View Post
There's still no disputing that your original statement which I first quoted is false. Forum property is NOT the property of the person who posted the content. Neither is the account used to post with. It is ALL property of the site. You don't own your account or your posts.
Quote:
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section ?Copyright Registration.?

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section ?Copyright Registration? and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
Source: http://www.copyright.gov/help/faq/fa...al.html#mywork

Let's stop with the "forum property law." It isn't helping the customer.
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  #15  
Old 10-20-2012, 12:59 AM
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Quote:
Originally Posted by ProSportsForums View Post
Source: http://www.copyright.gov/help/faq/fa...al.html#mywork

Let's stop with the "forum property law." It isn't helping the customer.
It is simply a fact, possession being 9/10s of the law in any circumstance.

When you submit data to a site you have no control over it, they do. They physically own it, you do not. They can edit it, delete it, whatever they want to do and you have NO say.

Copying it however, content scraping for example - is where the copyright stuff comes in. It's a nebulous area where protecting content is concerned and it's a case by case basis. But there is NO question, the site owner owns all accounts, all posts, and all content in the database. It's just a fact of online life.

If for example, you decided to sue vB dot org for the rights to your posts, your username, etc how far do you think you would get?
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  #16  
Old 10-20-2012, 01:11 AM
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OK guys, that's enough. The OP has enough information now to figure out what he should do. We don't need the two of you to argue here.
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  #17  
Old 10-20-2012, 04:00 PM
Darigaz Darigaz is offline
 
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Um well the thing is... you guys are arguing about whether or not I own the content, and thats exactly what I'm trying to figure out ; )

So do I or do I not legally own the content. Just as some of you are arguing, the offenders are arguing that I dont have rights to the content because the content, "Belongs to the person who posted it"

Thanks
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  #18  
Old 10-20-2012, 04:04 PM
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The content is yours, not the end users.
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  #19  
Old 10-20-2012, 04:10 PM
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Quote:
Originally Posted by Darigaz View Post
Um well the thing is... you guys are arguing about whether or not I own the content, and thats exactly what I'm trying to figure out ; )

So do I or do I not legally own the content. Just as some of you are arguing, the offenders are arguing that I dont have rights to the content because the content, "Belongs to the person who posted it"

Thanks
You only own original content you have posted. You most likely would have needed to hold a formally filed copyright to any other "proprietary information." Because laws differ greatly from state to state and from venue to venue, and because stricter law always takes precedence, you need to consult a licensed attorney in your jurisdiction. My best professional opinion is that you would have a very difficult time making a case for damages according to the legal proof standard. You have no tangible substantive proof of damages, no written contracts.

To whom is the domain registered?
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  #20  
Old 10-20-2012, 04:12 PM
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That is incorrect, any content posted on his site is solely the property of the owner.

Unless your using copyrighted material you have copied from another site.
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