Law Question= Law- Forum Member Rights? Banned member wants the threads she published

[hyperviperx99]

I own a forum website where registered members can post their creative writing works, and I banned a member recently. Now, she messaged me saying she wants to have all the threads she posted deleted. Those are her works, but she was the one who posted them on my website. Could I get in trouble in USA's law if I don't delete them? Or do I have the right as the website owner not to delete them since she was the one who published it herself? Does it violate copyright laws? Please let me know.

When one registers in my site, there's a check box they have to check before they can be registered and it says, "The owners of FlipRap Arena reserve the right to remove, edit, move or close any content item for any reason." and she did this for her to be registered before

[Zachery]

Depends, it is her work. Depending on how your TOS is worded, you might or might not have grounds.

Very few people will actually sue you, this is a civil matter, not criminal so you're not going to be arrested or anything (normally).

Unless you have some major compelling reason not to remove it, I would just to show good faith.

[Alfa1]

Its important to word your ToS in such way that by using the forum, they agree that FlipRap may use any content submitted to / posted to the forum.

But what I am wondering about is: if a member is banned, then how did the member message you? If this is email, then mind that I would never respond to email of banned members. Banned is banned. And generally banned members have a chip on their shoulder.

[TundraSoul]

Any post in any forum could be consider a "creative" work; it's all a matter of perspective. I've also had to deal with some unscrupulous members over the years who have been banned. As a retaliatory measure, often they'll ask to have their posts deleted. It's just their way to stab back at the community that banned them. I tell them all to go pound sand.

I also have one of the most complete ToS pages ever. It stipulates that everything they post, becomes mine, to do as I wish. Even if you don't have a complete ToS page, tell them to get lost. They gave up their rights when they placed the writing on a public domain.

[hyperviperx99]

Originally Posted by Alfa1

Its important to word your ToS in such way that by using the forum, they agree that FlipRap may use any content submitted to / posted to the forum.

But what I am wondering about is: if a member is banned, then how did the member message you? If this is email, then mind that I would never respond to email of banned members. Banned is banned. And generally banned members have a chip on their shoulder.

The member messaged me through Facebook

Originally Posted by TundraSoul

Any post in any forum could be consider a "creative" work; it's all a matter of perspective. I've also had to deal with some unscrupulous members over the years who have been banned. As a retaliatory measure, often they'll ask to have their posts deleted. It's just their way to stab back at the community that banned them. I tell them all to go pound sand.

I also have one of the most complete ToS pages ever. It stipulates that everything they post, becomes mine, to do as I wish. Even if you don't have a complete ToS page, tell them to get lost. They gave up their rights when they placed the writing on a public domain.

How do I edit the ToS page?

Thanks for the comments y'all.

[BirdOPrey5]

My forum's TOS clearly states that by posting on my forum you grant me an irrevocable lifetime license to with the content to do with as I please.

I recently had to remind this to a couple people who wanted to delete all their content before leaving.

If you don't have that in your TOS just ignore her. If you get a cease and desist letter from a lawyer then probably just easier to delete at that point since you didn't have a policy stated.

[Rapscallion]

My understanding of the law regarding copyright and ownership on this is as follows.

She owns the copyright of the work she created. However, she presented them to you and those on the forum for their enjoyment. If she went to legal recourse on this, it's shaky ground.

For example, someone (I think a member of the British royalty) was demanding return of some letters they'd written to someone else in recent times (last decade or so?) on copyright grounds. The courts pointed out that the recipient of the letter was the owner as it had been sent to them, but the copyright of the text remained with the author - in short, tough shit.

If you're not profiting off the work that this person willingly put up, I don't see that she has a leg to stand on. I've had people demand I remove all their thousand-odd posts after a banning, at which point I either ignored them or said 'no'. Why should I go to the extra work of removing their stuff? Of course, on the downside I don't really want a reminder of someone like that.

I am not a lawyer. I do know that the law of the land supercedes terms and conditions where they contradict each other. However, in real terms I'm with a poster above - unless and until you get some sort of contact from a legal representative on their side (one that you can verify as being genuine legal counsel) I'd just ignore it. They're just trying to flounce off.

Rapscallion

[KHALIK]

This is mine

Fragmasters.co.uk Rules and Regulations.


Please take time to read through and understand these rules and regulations as failure to do so may result in a warning or ban by the discretion of administrators, moderators and admins. Rules and regulations are subject to change without prior notice, but the best will be done to ensure revisions are announced.

General Rules.


g. Moderation.Fragmasters.co.uk reserve the right to delete any thread and posts that are considered unsuitable.

h. Posting. Posts and threads created by users will remain permanently visible on the forum so think before you post or do not post. Fragmasters.co.uk takes no responsibility for content of members posts nor shall it be removed from public viewing. Fragmasters.co.uk management reserves the right to remove posts.


j. Publishing. By posting any of your own work on Fragmasters.co.uk you grant us to use or edit it for marketing or other purposes.


The owners of Fragmasters reserve the right to remove, edit, move or close any content item for any reason.

Should I add anything else?

[Simon Lloyd]

This may help http://www.copyright.gov/title17/circ92.pdf but i think i remember reading that content can be used or copied if it's for teaching, instruction or educating purposes.

[CAG CheechDogg]

Originally Posted by hyperviperx99

When one registers in my site, there's a check box they have to check before they can be registered and it says, "The owners of FlipRap Arena reserve the right to remove, edit, move or close any content item for any reason." and she did this for her to be registered before

Just those lines right there is enough for you to not have to worry about anything. When someone registers on any website, it is their responsibility to read the TOS and Privacy Policy and the minute they register they are "electronically signing" and acknowledging that they in fact read and understood the TOS before putting their electronic signature on your website.

So no, you do not have to worry about this and if she/he keeps on sending "YOU" messages to remove them, "YOU" may sue him/her for harassment.

Around this time last year I went through this with a member who was banned on my site, he threatened to sue me if I didn't remove his threads. I didn't remove them and I had a "lawyer" contact me through email asking me the reasons why I would not remove them.

I told the "lawyer" to read the TOS and the reason I would not remove the threads is because removing some of those threads would either a.) break the integrity of our forums, b.) require man power that we do not have and c.) some of those threads have topics and discussions that are still being used on the forums.

The "lawyer" the responded back.

You are good to go My Man, don't worry about anything.