Content theft - need some advice

[Max Taxable]

I saw that, but then again that person didn't cite any actual case law. Apparently the issue with the aircraft forum being sued was in Australia, I still know of NO such case law or precedent in the United States.

Do you?

But again - earlier you agreed that the bits and bytes of data and information in the site owner's database is owned by the site owner - you merely quibble now with your goalpost-moving, strawman argument of whether that site owner can publish the material elsewhere or sell it.

Which is WAY off topic from the OP.

[Simon Lloyd]

It's wayyyy different in the US, i only skimmed but the concluding post for me was http://xenforo.com/community/threads...-2#post-305332 in the US you specifically have to have "transfer of copyright" and you can only transfer copyright of an already created work, when someone signs up to your forum they haven't created a work so the US will ignore that agreement that they consented to prior to posting, however it does seem that you can have a pop up with the submission button for a post indicating that they agree to "transfer of copyright.....blah!" when submitting the post, that said you couldn't do it retrospectively for all previous posts.

Here in the UK (EU) copyright laws are very different and more defined.

[In Omnibus]

Originally Posted by Max Taxable

earlier you agreed that the bits and bytes of data and information in the site owner's database is owned by the site owner

I never made any such statement.

[Max Taxable]

Originally Posted by ProSportsForums

I never made any such statement.

It does appear so:

https://vborg.vbsupport.ru/showthrea...58#post2374858

And I attempted to clarify it here:

https://vborg.vbsupport.ru/showpost....9&postcount=43

And you might have missed that post, since the page was turning on this thread, so to speak.

You moved the goalposts and started quibbling about whether the site owner can publish the material elsewhere or sell the material, in context you are admitting that he does otherwise, OWN it.

[In Omnibus]

Originally Posted by Max Taxable

It does appear so:

https://vborg.vbsupport.ru/showthrea...58#post2374858

And I attempted to clarify it here:

https://vborg.vbsupport.ru/showpost....9&postcount=43

And you might have missed that post, since the page was turning on this thread, so to speak.

You moved the goalposts and started quibbling about whether the site owner can publish the material elsewhere or sell the material, in context you are admitting that he does otherwise, OWN it.

Selective Reading once again:

No. I am agreeing with your post. A member consents to the site having the posted material by posting the material. That does not give the site owner legal right to post the material elsewhere nor to sell the material. That is where the ownership issue falls short for the site owner. The member who posted the material is, of course, free to post it anywhere he or she chooses. In the unlikely event a site owner did attempt to sell posted material or to reproduce it on another site the member who originally posted it would still have to prove damages.

There is no sense in arguing with you. Clearly that is all you wish to do.

[fmgrowit]

Originally Posted by CAG CheechDogg

Submission of Content on this Web Site

By providing any Content to our web site such as text, tutorials, reviews, previews, written articles, images, artwork;

(a) you agree to grant to us a perpetual worldwide, royalty-free, non-exclusive right and license to use, display, reproduce, modify, publish, archive, translate, and to create derivative projects such as tournaments, competitions and compilations, in whole or in part. Such agreement to the license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;

(c) you acknowledge and agree that we shall have the right to remove and or block any access to any "CONTENT" you provide by uploading, or add by means of text into our forums or in articles you submit, but not obligation to remove it only at our sole discretion."

Would you mind if I stole this?...I mean "borrow" this wording for my site.

Could the TOS include wording to the effect "by clicking "Post reply" you agree to transfer content ownership" or something like that?

[CAG CheechDogg]

Originally Posted by fmgrowit

Would you mind if I stole this?...I mean "borrow" this wording for my site.

Could the TOS include wording to the effect "by clicking "Post reply" you agree to transfer content ownership" or something like that?

If you don't mind me taking you to court over it...

Your ToS can have pretty much anything you want in it. As long as the people registering agree to it you are fine. If they happen to break any of your conditions, rules or what not then you have the right to ban them or deny them access to your site or forums.

So yes, you can include that wording as well.

[In Omnibus]

Purely for comparison, here is the relevant portion of our TOS:

You are responsible for the content you post.

And our copyright statement:

Copyright and Intellectual Property Policy

X respects the intellectual property of others, and we ask our users to do the same. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the X Terms of Service, govern your use of that material. It is the policy of X, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of other parties.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide X Agent with the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site, with a link or .url to the specific page or enough other detail that we may find it on the web site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. X Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent Attn: Office of General Counsel (Address) By phone: (Phone#)

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

As you can see, we want no assumption of liability from the content posted.

[CAG CheechDogg]

How do you think that would help you in the OP's case ProSportsForums if your database and content was stolen like his?

--------------- Added [DATE]1350948381[/DATE] at [TIME]1350948381[/TIME] ---------------

This is actually a very good topic to discuss as long as we are civil about it. In the last couple of months I have seen similar cases with others especially with video game and clan forums and websites.

When these clans end up breaking up or members don't see eye to eye they begin to throw at each other a bunch of mumbo jumbo to try and get the other party to pretty much fold or throw in the towel.

Many people especially those who start up sites and forums for clans have no clue of what responsibilities and legalities they are taking on when they decide to build a website/forums.

It would be a good idea for someone to write up an article or something for those who are starting up a site/forum about what they should be aware about before they go on and build one.

I like this discussion, so lets keep it civil so we can help not only the OP but others who might come across this topic.

[In Omnibus]

Originally Posted by CAG CheechDogg

How do you think that would help you in the OP's case ProSportsForums if your database and content was stolen like his?

--------------- Added [DATE]1350948381[/DATE] at [TIME]1350948381[/TIME] ---------------

This is actually a very good topic to discuss as long as we are civil about it. In the last couple of months I have seen similar cases with others especially with video game and clan forums and websites.

When these clans end up breaking up or members don't see eye to eye they begin to throw at each other a bunch of mumbo jumbo to try and get the other party to pretty much fold or throw in the towel.

Many people especially those who start up sites and forums for clans have no clue of what responsibilities and legalities they are taking on when they decide to build a website/forums.

It would be a good idea for someone to write up an article or something for those who are starting up a site/forum about what they should be aware about before they go on and build one.

I like this discussion, so lets keep it civil so we can help not only the OP but others who might come across this topic.

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So, did the OP change it?