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[syllogism]

the difference is YOUTUBE PAYS its content creators

content creators over here actually pay the board lol (traffic ads views yadda yadda)

They pay some of them; a very, very small portion of them. Regardless, it's a standard TOS clause.

 

[Manos: The Hans of Fate]

Over reactionary posts all over this bitch. EviLore is just trying to make sure that no one steals stuff off GAF. Sounds to me like he's just trying to keep it inside GAF as best he can. I don't see EviLore stealing work from users anywhere.

Couldn't he or even posters just send DMCA notices to Kotaku/whoever?

Isn't this basically the same on all forums and sites like this?

It usually is limited to direct owners you contract with...granted they all haves stuff like the ToS above, it just doesn't always name them explicitly.

 

[Josh7289]

Sooo basically, if you post photography or artwork or screenshots of a game you're making or whatever, you're just giving NeoGAF the rights to redistribue specifically what you posted at will. Yes/no?

 

[shuri]

does it means we can get into E3 super easy now? Am I an industry person now?

 

[butter_stick]

Just put "Fuck Kotaku" in the middle of all your posts and you'll be fine.

 

[Barack Lesnar]

Evilore, can you give a ballpark figure how much you make on the site and/or how much per month it costs to run? Or if you don't wanna give a #: you makin 6 figures? Always wondered...

 

[LiK]

^

It's a non-exclusive license. You still retain ownership/rights to your work. This is a "cover our asses" clause and a "when some site asks me politely if they can highlight some NeoGAF post they think is cool there isn't some huge controversy, even though they could just NOT ask me and republish anyway without anyone giving a damn, like Destructoid just did a few days ago and other sites have done hundreds of times."

yea, i hate to break it to you guys, but plenty of posts on GAF are often taken by other sites as a source or editorials. you guys just never cared until Kotaku decided to spotlight it.

 

[Dennis]

My screenshots and gifs are like my children!

 

[Kabuki Quantum Lover]

I just realized that EviLore's avatar is HUGE! That's like one of the coolest perks to running this site ever. Super jealous...

I never noticed that before. I can't unsee it now.

 

[Shanadeus]

Reposted for new page:

hmmmm??

Okay, a couple of ones:

What happens if we don't agree to the TOS?
Do we have that choice?
Can we agree to the new TOS when it comes to new posts/threads, but demand that old posts/threads fall under the old TOS?
Can we agree to the new TOS when it comes to new posts/threads, but demand that old posts/threads are to be deleted if they won't follow the old TOS?

 

[Songbird]

This is not transferring of rights.

This is licensing so that the site can legally move the content around and redistribute it other people

And by posting we agree that out text/art/stuff can be used by other sites for pay-per-click profit. It's not world ending, but it's a damn shame IMO. Copyright is retained.

 

[Escape Goat]

Is NeoGAF Evilore's sole source of income? What is it you do, Evilore?

 

[Wazzim]

#occupyneogaf is trending! Omg

Spoiler

we are the 99%

 

[Mik2121]

Evilore, can you give a ballpark figure how much you make on the site and/or how much per month it costs to run? You makin 6 figures? Always wondered...

I don't really think he does. And even if he did, I'd be completely fine with it. Though I kinda hate him for taking the smileys off, but hey! I think GAF could do with a couple nice smileys, even if re-made to not distract as much as before...

 

[EviLore]

Is NeoGAF Evilore's sole source of income? What is it you do, Evilore?

I read blame space's posts. And cry a lot.

 

[MrHicks]

They pay some of them; a very, very small portion of them. Regardless, it's a standard TOS clause.

very easy to get "partnership"
the thing is most people upload shit they didn't create so they can't earn from shit like that (songs, whatever)

 

[Manos: The Hans of Fate]

It's a non-exclusive license. You still retain ownership/rights to your work. This is a "cover our asses" clause and a "when some site asks me politely if they can highlight some NeoGAF post they think is cool there isn't some huge controversy, even though they could just NOT ask me and republish anyway without anyone giving a damn, like Destructoid just did a few days ago and other sites have done hundreds of times."

Couldn't you have sent a DMCA notice to Destructiod? Assuming of course it wasn't a fair use. Because if it's fair use, they can do it anyway.

Also does this apply to Gwaker Media as a whole or just Kotaku?

 

[commish]

Sooo basically, if you post photography or artwork or screenshots of a game you're making or whatever, you're just giving NeoGAF the rights to redistribue specifically what you posted at will. Yes/no?

Yes.

Also, if you post a picture of your car, you are giving Evilore permission to drive it.

 

[UltimaPooh]

And by posting we agree that out text/art/stuff can be used by other sites for profit. It's not world ending, but it's a damn shame.

You as an individual can still do that.

There's really nothing to worry about in the new ToS (aside from us not having the ability to agree to the new terms.)

If he puts arbitration agreements in the new terms... then we should really start to worry.

 

[dave is ok]

Just put "Fuck Kotaku" in the middle of all your posts and you'll be fine.

You're giving Kotaku way too much credit.

However, for good measure be sure to spell 'Trilogy' wrong.

 

[Fantastical]

yea, i hate to break it to you guys, but plenty of posts on GAF are often taken by other sites as a source or editorials. you guys just never cared until Kotaku decided to spotlight it.

No website (to my knowledge) has ever copy and pasted an entire thread and called that an article, though.

 

[Kyoufu]

^

It's a non-exclusive license. You still retain ownership/rights to your work. This is a "cover our asses" clause and a "when some site asks me politely if they can highlight some NeoGAF post they think is cool there isn't some huge controversy, even though they could just NOT ask me and republish anyway without anyone giving a damn, like Destructoid just did a few days ago and other sites have done hundreds of times."

So basically, nothing has changed, except you now have the power to take down GAF content posted on sites that didn't ask your permission?

Why the outrage guys?

 

[EviLore]

Couldn't you have sent a DMCA notice to Destructiod? Assuming of course it wasn't a fair use. Because if it's fair use, they can do it anyway.

Why in the world would I send a DMCA notice to Destructoid?

 

[Funky Papa]

yea, i hate to break it to you guys, but plenty of posts on GAF are often taken by other sites as a source or editorials. you guys just never cared until Kotaku decided to spotlight it.

It is one thing to use them as source, and a completely different game to republish them verbatim as Kotaku just did.

Again, I don't mind allowing NeoGAF to move my content or own certain rights if that keeps the site safe from trouble, but giving away our content for other sites to profit bothers me a big deal.

 

[SolKane]

FFS... Are you kidding me?

You are probably the worst kind of sensationalist.

How is sensationalist to say they (Kotaku) are profiting? They are getting ad revenue, after all.

 

[tycoonheart]

Yes.

Also, if you post a picture of your car, you are giving Evilore permission to drive it.

So if you're posting pictures of your wife/girlfriend/boyfriend/fiance... you're giving Evilore permission to... OMG NOOO!

 

[Adam Blade]

I'm still confused about the private messages thing. Why is it in the TOS?

 

[Coxy]

I wonder how m0dus feels about this, I'd be surprised if there's no legal issues with kotaku owning official sega works.
I'd be really sad if they had to be removed/not posted here anymore

 

[Lazy vs Crazy]

Okay, a couple of ones:

What happens if we don't agree to the TOS?
Do we have that choice?
Can we agree to the new TOS when it comes to new posts/threads, but demand that old posts/threads fall under the old TOS?
Can we agree to the new TOS when it comes to new posts/threads, but demand that old posts/threads are to be deleted if they won't follow the old TOS?

1. you should stop posting.
2. not if you want to keep posting
3. if something from an old thread gets used somewhere without your permission and you make a copyright claim about it you might win maybe. new tos probably don't apply to old posts but that doesn't mean that you won't lose your case for some other reason
4. you can go through and delete your old posts but the administration here has no duty to do it for you

Internet copyright law is hard and unsettled.

i'm not your lawyer this is not legal advice etc

 

[Chet Rippo]

And by posting we agree that out text/art/stuff can be used by other sites for pay-per-click profit. It's not world ending, but it's a damn shame IMO. Copyright is retained.

This is how it's always been.

 

[Corto]

Sooo basically, if you post photography or artwork or screenshots of a game you're making or whatever, you're just giving NeoGAF the rights to redistribue specifically what you posted at will. Yes/no?

My screenshots and gifs are like my children!

I think Hitokage already said that those are safe

I need to point out something:

NeoGAF does not host or serve images embedded in posts. Those are linked to an outside provider. All NeoGAF has is the URL.

 

[syllogism]

Also for the people worried about photographs, you should probably have a look at the terms of use of most major image hosting sites haha

 

[Escape Goat]

I read blame space's posts. And cry a lot.

aww. I'm sorry I doubt that pays very much.

 

[Barack Lesnar]

I don't really think he does. And even if he did, I'd be completely fine with it. Though I kinda hate him for taking the smileys off, but hey! I think GAF could do with a couple nice smileys, even if re-made to not distract as much as before...

The guy seems really mysterious...like the Shadow Broker in Mass Effect. I'd say like 80k per year? But what about bandwidth and server costs, that has to be costly. Could be way off and he's making like 300 grand or something crazy.

 

[echoshifting]

So basically, nothing has changed, except you now have the power to take down GAF content posted on sites that didn't ask your permission?

Nothing has changed, including that. Evilore can't do that.

 

[Majmun]

Yes.

Also, if you post a picture of your car, you are giving Evilore permission to drive it.

Oh shit. I've posted pictures of my girlfriend before!

Does this mean that...?

 

[Übermatik]

So if you're posting pictures of your wife/girlfriend/boyfriend/fiance... you're giving Evilore permission to... OMG NOOO!

People in the Post new pics of yourself thread are doomed. Evilore CONTROLS you.

 

[Salvor.Hardin]

So if someone were to upload child porn, would Kotaku automatically own child porn?

 

[Bread]

Well I guess I can't post anymore of my screenplays on here, sorry guys.

 

[BamYouHaveAids]

What could he be stealing though? In the moment you choose to write on a public forum on the internet is free-for-everyone content anyway. It's better that this forum has some return in the form of increased hits/ads than other people using the content without attribution of any sort and profiting by that.

That is pretty much it. If you post something there is quite a high chance it will be reposted on the internet, this just means you aware that whatever content you post to the site may be reposted elsewhere and prevents you for seeking legal recourse. Not really different just more formal. However, I would find it concerning if others were profiting from others writing/art.

 

[strafer]

*deletes my JP gifs*

 

[butter_stick]

Are Kotaku paying for the gold that is NeoGAF posts?

 

[Manos: The Hans of Fate]

Moved to new page.

 

[Shanadeus]

1. you should stop posting.
2. not if you want to keep posting
3. if something from an old thread gets used somewhere without your permission and you make a copyright claim about it you might win maybe. new tos probably don't apply to old posts but that doesn't mean that you won't lose your case for some other reason
4. you can go through and delete your old posts but the administration here has no duty to do it for you

Internet copyright law is hard and unsettled.

Still, not that bad.

 

[EviLore]

I wonder how m0dus feels about this, I'd be surprised if there's no legal issues with kotaku owning official sega works.
I'd be really sad if they had to be removed/not posted here anymore

*What* are you talking about? Kotaku doesn't own anything on NeoGAF. Kotaku doesn't own anything of m0dus's. I don't own anything of m0dus's, except for the stuff he's explicitly transferred rights to me for, like the NeoGAF logo.

 

[Megadragon15]

No website (to my knowledge) has ever copy and pasted an entire thread and called that an article, though.

I'm glad I didn't post in that thread. Good grief.

 

[Plasmid]

Let's make a dramatic reading audio set for 19.99 on late night television.

 

[erpg]

Your avatar and your posts belong to EviLore and he will use social engineering plus the hivemind to infiltrate your bank account and take your job.

The sky is falling! I can't read! Create panic replies!

 

[Josh7289]

Yes.

Also, if you post a picture of your car, you are giving Evilore permission to drive it.

Cool, so it's not that bad then. If you're posting something here it's basically public at that point anyway, so there's really not much difference between before and now with the new TOS. It's just that what was implied before is now explicit.

 

[Übermatik]

So we're now basically a media machine, producing content for many of Gaf's affiliates and partners?
All those wonderful ideas and intelligent statements I've posted... world changing philosophies and concepts!

Oh, wait.