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New NeoGaf TOS
- Thread starter jax (old)
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iNvidious01 said:
I don't think the current version of the forum software supports that, actually, or I would have. When we update to the newer software in a few days, in order to get full search back and other features, I can go ahead and do that if it'll clarify things for people.
echoshifting
Banned
EviLore said:
That would just spawn 18 more of these threads I fear
Sorry if you already commented on this earlier, but what do you think about having your forum post slapped as a "news article" on a for-profit site as if you're one of their paid writers? Were you consulted on this at all and do you feel like you benefit from this in any way?ScOULaris said:
Hot Coldman
Banned
EviLore said:
Hype!
Can't wait.tycoonheart
Member
DennisK4 said:
lmao
That's the usual problem with terms of service and EULAs: they are often painful to read and it's difficult to understand their limitations (which is sometimes even intentional).kathode said:
I believe most of the overreaction is due to this: lack of understanding of what the new TOS actually entail, and what exactly is getting licensed to NeoGAF through one's posts (I gave examples of pictures or intellectual properties earlier).
phisheep
NeoGAF's Chief Barrister
EviLore said:
Let me just stick my oar in here briefly. Usual disclaimer - details vary from jurisdiction to jurisdiction, so I'm just looking at common law and generally-recognised international copyright law.
Basically I'm not too fussed about this at all.
1) Your copyright
You have copyright in anything you post that is original to you (that includes original photos, text, photoshops etc). Licensing these to NeoGAF through the TOS does not take that away. So you have not lost any legal rights if somebody steals it in whole or in part.
2) Licence to NeoGAF
The revised TOS give NeoGAF a perpetual etc etc licence to republish etc etc blah blah. It does not mean that NeoGAF gets your copyright. It does mean that you can't sue for copyright breach either NeoGAF or anyone that NeoGAF lets use it.
The retrospectively applicable TOS looks a bit dodgy - but no more so than many others out there (and they haven't really been tested by the courts, so I am unsure of the impact). It looks a lot of words, but they are mostly in practice harmless except for two things.
First: there's a potential exposure if NeoGAF ever gets taken over by someone less scrupulously straightforward than EvilLore. I'd prefer if the licence were non-transferable rather than transferable, so that (a) we are protected in the event of a takeover (b) EvilLore gets an extra negotiating point to avoid a takeover if he wants to (c) nobody (e.g. Kotaku) will be able to argue they had a transferred licence and syndicate your post off to umpteen million other places.
Second: there's a potential issue if a copied post gives ground for action by a third party. For example, there are some posts on GAF (including some of mine) that are potentially libellous if taken out of the context of the whole thread. And you could end up on the wrong end of a libel case. I don't think that's dreadfully likely though, and in any event EvilLore is not stupid enough to licence such posts out anyway.
3) There's a way around it (there's ALWAYS a way around it)
NeoGAF can only claim to be able to licence the copyright of something that is original to the poster. If the poster doesn't have copyright in the material posted, then NeoGAF can't acquire any such rights by virtue of the TOS.
So, if you're really worried about this, write out your posts and have your wife post them on her account. They're not her copyright, so NeoGAF acquires no rights in them whatsoever.
If you don't have a wife - go get one.
blame space
Banned
#occupyNeoGAF
© 2011 blame space, LLC
© 2011 blame space, LLC
spindashing
Banned
oh man. I have to update my animu gifs.DennisK4 said:
Manos: The Hans of Fate
Banned
EviLore said:
" 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.""
I assume you mean that their use would have been allowed under Fair Use then, because if not you can make them remove it rather simply.
Also is this just Kotaku or Gawker Media as a whole?
EDIT: This comes out of doing IP work. I'm not terribly worried I just find things like this interesting.
brucewaynegretzky
Member
EviLore said:
This is by far the most important thing to come out of this thread. More info please.
Squirrel Killer
Member
EvilLore, perhaps I'm missing it, but I don't see anywhere that limits the license to works posted on NeoGAF. That is to say, as worded, the section seems to say that by registering and participating, I'm giving NeoGAF a license to all my IP, regardless of whether I posted it on NeoGAF or elsewhere.TOS said:
As I read it, "...such submissions," doesn't constrain the previous, "all ...intellectual property rights you own or control." Perhaps you could post a (legally binding) clarification that "all IP you control" is limited to just that IP which is submitted?
samus i am
Member
I DONT LIKE CHANGE!!!!
WasabiKing
Member
If you guys honestly have a problem, the door is right there. You don't have to go home but you have to GTFO
Besides there's a long line of people waiting to get approved, happy to take your place
Besides there's a long line of people waiting to get approved, happy to take your place
Barack Lesnar
Banned
Actually wouldn't be surprised if he made over a mil annually. Perez Hilton makes millions per year just off his website views (not counting side ventures, just the website). Of course Hilton gets more traffic but even if EL got a fraction of that he'd still pull over a mil annually. He's also got a monster rig worth a few grand at least, meaning disposable income is probably high. Craziest thing is that there's no huge sponsored ad backgrounds like you see on IGN or pop-ups or sticky thread promotions. He could be making a lot more but chose not to plaster the site with that trash. Could probably sell the site for a few mil right now and retire...
This is all pretty much implied. Has anyone ever actually won a lawsuit against a website for redistributing or editing the content they post? Distribution is pretty much the point of a forum. Were people outraged when gaming-age.com gave all of the old posts to neogaf.com (different ownership)?
It's like writing a letter to the editor and then complaining when it gets published or cited.
It's like writing a letter to the editor and then complaining when it gets published or cited.
blame space
Banned
can we get banned for things we say in PMs?
sincerely,
© 2011 blame space, LLC
sincerely,
© 2011 blame space, LLC
dave is ok
aztek is ok
can we get banned for things we say in PMs?
Ninja Scooter
Member
Evilores been trying to get his hands on Phonecall Liberace (tm Ninja Scooter enterprises) for years now. Guess he finally found a way.
blame space
Banned
searching is so easy on google though
© 2011 blame space enterprises, LLC
© 2011 blame space enterprises, LLC
spindashing
Banned
blame space said:
I have no idea. I've seen people get away with things said in PMs, so that shit is pretty sketchy.dave is ok said:
So is this thread now the new "Kotaku - GAF" discussion thread? anyway this is what i wrote for the closed one...
1. If it's on the internet, it will be linked to, it will be stolen, it will be rewritten and misued; has always been like this, and will always be like this. No need to get all emotional. But still...
2. One of the main reasons I love GAF is its often incredible quality content, like the beautiful OTs that people put so much work in, or the often well-informed, factual and enlightening discussions. This is an enthusiast forum, and I would like it to stay that way. Don't start monetizing the content that the members here create (out of love for the subjects), because that could easily be a first step to destroying the very things that make this community so great.
I wouldn't want a situation where
a. people make content with the intention for it to be indirectly sold to a third party. If somebody wants to be a paid writer, just send your resume/article/beautiful post to Kotaku directly!
b. people are afraid to post stuff because it can be perused without their consent (regarding TOS), which means no or less original artwork, photography, music, games (fxxxking Dudebro, people!) out of this incredibly creative community.
This all affects the high quality and variety of content on GAF, and in my opinion would make GAF a less cool place.
3. I personally wouldn't like to be associated with Kotaku because IMO it lacks that very sense for quality and variety mentioned before. Crecente, this is not meant personal, but whenever I browse your site I leave with a bitter aftertaste of cheap, rapid-fire spam about japanese bikinibabes, sensationalist videogame-violence news and other needlessly hyperbolic drama.
4. And besides all that legal talk, just out of human courtesy: If you re-use content from somebody, tell them, ask them, let them know in some way. It's just good internet manners.
tldr: Don't sell out, GAF! Dont't kill creativity, quality and variety! Kotkau derp lol
1. If it's on the internet, it will be linked to, it will be stolen, it will be rewritten and misued; has always been like this, and will always be like this. No need to get all emotional. But still...
2. One of the main reasons I love GAF is its often incredible quality content, like the beautiful OTs that people put so much work in, or the often well-informed, factual and enlightening discussions. This is an enthusiast forum, and I would like it to stay that way. Don't start monetizing the content that the members here create (out of love for the subjects), because that could easily be a first step to destroying the very things that make this community so great.
I wouldn't want a situation where
a. people make content with the intention for it to be indirectly sold to a third party. If somebody wants to be a paid writer, just send your resume/article/beautiful post to Kotaku directly!
b. people are afraid to post stuff because it can be perused without their consent (regarding TOS), which means no or less original artwork, photography, music, games (fxxxking Dudebro, people!) out of this incredibly creative community.
This all affects the high quality and variety of content on GAF, and in my opinion would make GAF a less cool place.
3. I personally wouldn't like to be associated with Kotaku because IMO it lacks that very sense for quality and variety mentioned before. Crecente, this is not meant personal, but whenever I browse your site I leave with a bitter aftertaste of cheap, rapid-fire spam about japanese bikinibabes, sensationalist videogame-violence news and other needlessly hyperbolic drama.
4. And besides all that legal talk, just out of human courtesy: If you re-use content from somebody, tell them, ask them, let them know in some way. It's just good internet manners.
tldr: Don't sell out, GAF! Dont't kill creativity, quality and variety! Kotkau derp lol
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