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Disclaimers and Warnings - 12/22/2009 1:23:28 AM

Domin8tingUrDrmz

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Recently I've noticed a lot of profiles on the other side with a statement similar to the one below:

"WARNING: Any institutions using this site or any of its associated sites for studies, projects, or commercial benefit, DO NOT HAVE my permission to use any of my profile or images in any form or forum both current and future. If you have or do, it will be considered a serious violation of my privacy and will be subject to legal ramifications. Any person or persons using any of my pictures or text is doing so without my permission and also subject to legal ramifications"

I'm curious whether or not such a thing is actually effective at all. I personally think that if you post information about yourself on a free internet site then you have already given permission to others to use that information however they choose. While you may retain copyright information on photos you've taken, or creative writing pieces, general information is not copyrighted nor protected, is it? So, if in fact general information is not protected under copyright laws, how can anyone grant or deny permission to others on how they choose to use such general information?

I put this in the Random Stupidity section only because I think the above disclaimer is random and stupid...lol. However, I am open to changing my mind if anyone has any knowledge on the subject.

< Message edited by Domin8tingUrDrmz -- 12/22/2009 1:24:38 AM >

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RE: Disclaimers and Warnings - 12/22/2009 2:52:17 AM

Phoenixpower

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LoL, those comments regularly make my eyes roll when I read them in profiles

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RE: Disclaimers and Warnings - 12/22/2009 5:09:56 AM

DesFIP

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It's just an attempt to stop people from stealing pictures. The pseudo-legal language is supposed to scare them away. I don't know if it works though.

But when I see a post with a cut and paste job, I get shirty at the poster. I tend to remember what I read and I disapprove of plagiarism. So if you're going to c & p something from castle realm, or some such, expect people to come down hard on you for not citing it. Nobody likes a thief.

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RE: Disclaimers and Warnings - 12/22/2009 6:51:53 AM

Domin8tingUrDrmz

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Oh hell, I don't know where the legal mumbo jumbo originated...it's just something I have seen in numerous profiles here on CM. I think it's silly to even put up such stuff in the first place, but if it actually disuades anyone from taking their pictures, good on 'em. I just doubt it actually does what they intend it to do, and I don't think they actually have any legal recourse. That is what I'm trying to find out whether or not they do.

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RE: Disclaimers and Warnings - 12/22/2009 7:01:05 AM

SL4V3M4YB3

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Ramification is an offshoot of objectification, we all know this!

From the nature of the language used it seems to be an attempt to stop academics using profiles in studies. Which is kind of bizarre in itself because I don't know many university lecturers and professors just dying to use social networking sites to back up studies into archaeology etc.

Perhaps it's to stop those pesky sociologists?

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RE: Disclaimers and Warnings - 12/22/2009 7:08:51 AM

mnottertail

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I wonder if they know that by copying that into their profile, they are violating someones copyright?

And only one person here (and that is me) can put up pictures that fill the internet of each inch of suckable dick on my profile, thus obviating the need for copyright. Everyone knows whos it is.

Ron

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RE: Disclaimers and Warnings - 12/22/2009 8:07:50 AM

LadyPact

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I'm actually glad you brought it up.

I didn't see it here, but I saw it on someone's profile over on Fet. What I found so ridiculous about this is the fact that I don't honestly believe that anyone would want to use the person's picture for anything. Plus, I know with certainty that the same person has consented to their picture being taken/used at a nationally known leather event. I find the contradiction there not just amusing, but bordering on hypocritical.

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RE: Disclaimers and Warnings - 12/22/2009 9:36:57 AM

Wolf2Bear

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All I know is there isn't anything special about me to warrant anyone wanting to "take" my photos without consent.

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RE: Disclaimers and Warnings - 12/22/2009 9:44:49 AM

LadyEllen

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If you erect a poster of yourself outside your house, dressed head to toe in fetish gear or otherwise compromisingly attired (or not attired at all) and put next to it a description of your particular sexual interests - and someone takes a picture of the lot or quotes your copy, then some might say you had already given full permission for them to do so, having placed the lot in the public domain. It would be foolish to think that some disclaimer or warning printed thereon about your rights might carry any weight whatsoever - you clearly had a duty to protect your rights if you wanted them maintained in such a way, and proclaiming that which you wanted protected, to all and sundry, clearly marks you out as having waived any such duty and so any such rights.

Internet law is still in development of course, but is it any different to put up that poster and that copy online than it is to put it in your front yard when it comes to such an issue?

E

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RE: Disclaimers and Warnings - 12/22/2009 9:45:10 AM

ShaharThorne

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Its because we love you, Bear...

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RE: Disclaimers and Warnings - 12/22/2009 10:00:57 AM

Wolf2Bear

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quote:

ORIGINAL: LadyEllen

If you erect a poster of yourself outside your house, dressed head to toe in fetish gear or otherwise compromisingly attired (or not attired at all) and put next to it a description of your particular sexual interests - and someone takes a picture of the lot or quotes your copy, then some might say you had already given full permission for them to do so, having placed the lot in the public domain. It would be foolish to think that some disclaimer or warning printed thereon about your rights might carry any weight whatsoever - you clearly had a duty to protect your rights if you wanted them maintained in such a way, and proclaiming that which you wanted protected, to all and sundry, clearly marks you out as having waived any such duty and so any such rights.

Internet law is still in development of course, but is it any different to put up that poster and that copy online than it is to put it in your front yard when it comes to such an issue?

E

Exactly. Even here in Canada, copyright laws are still quite vague when it comes to the internet and the content which is posted. Granted there are ways to better ensure that a person's photo can not be copied and used elsewhere for nefarious means yet any person who knows how to work with HTML coding will have the knowledge to bypass coding security anyway. Another issue is copyright laws vastly vary from country to country so what may be legal in Canada may not be in Britain or the US.

*edited to add.....It's my view that I gave up a certain level of personal privacy the moment I created and posted a profile on a website such as this along with photos. Yes it does carry a bit of risk yet I determined that the risk is minimal enough to have a profile and photos of myself for anyone to see.

< Message edited by Wolf2Bear -- 12/22/2009 10:06:04 AM >

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RE: Disclaimers and Warnings - 12/22/2009 10:03:10 AM

Wolf2Bear

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quote:

ORIGINAL: ShaharThorne

Its because we love you, Bear...

Awww thanks ShaharThorne *blushes*

I wasn't talking down about myself....just my way of saying that I'm just an average person and wouldn't attract attention of someone who felt they had to pillage my photos or profile contents!

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RE: Disclaimers and Warnings - 12/22/2009 11:11:43 AM

Domin8tingUrDrmz

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This is along the lines of what I was thinking when I posed this question. I figure if you are going to 'put it out there' then you are essentially giving consent to others to view your thoughts as you post them and they in turn can use that information anyway they see fit.

Here, in the US, you can take a picture of anything in a public setting (whether it be a person, or an object is of no consequence) and you, the photographer, retain the copyright...not the subject matter of the photo. So, if Joe Blow is standing outside with his schlong wagging in the wind, and I happen to capture it on film, that photo becomes mine to do with as I choose, whether he likes it or not.

Similarly, along those lines, if one posts information to a message board, or a profile, that information is now in a public domain, thereby no rights are retained - at least that is how I see it. Provided of course the information being obtained isn't a copyrighted work such as a poem or a photograph written/taken by the person posting it. I've never read anywhere where general thoughts or words were copyright protected.

I suppose I should take the time to actually read more regarding copyright laws and internet postings if I truly want to understand this. It just doesn't seem logical to me that such a disclaimer would be effective in preventing any sociologist wannabe from using the content of these fora or profiles in any studies they wish to pursue.

< Message edited by Domin8tingUrDrmz -- 12/22/2009 11:15:12 AM >

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RE: Disclaimers and Warnings - 12/22/2009 11:46:38 AM

LadyEllen

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I'm not sure I'd go so far as to say that others may use your public domain publications/announcements in any way they might see fit - there are issues around harassment, defamation, blackmail et al that would prevail.

Identifying the perpetrator, identifying a jurisdiction and proving the violation in these latter regards might prove difficult however in the context of online life, though none of these are insurmountable in practice. And with regard to civil suits there could well arise issues of contributory negligence to mitigate anything you might win, assuming you can recover at all.

E

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RE: Disclaimers and Warnings - 12/22/2009 11:50:13 AM

ShaharThorne

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When I was doing amateur website design, I always credited the property as being such. I had enough law training to figure out about copyrights.

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RE: Disclaimers and Warnings - 12/22/2009 11:52:48 AM

Domin8tingUrDrmz

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Good point. However, I wasn't even thinking along the lines of harassment and such as the disclaimer seemed more geared toward studies or commercial usage. So yes, I agree; but there are laws in place to protect individuals from things such as hate speech, or abuse, or other illegal activities that may be encountered due to their posting such information.

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RE: Disclaimers and Warnings - 12/22/2009 11:57:13 AM

honeygirl

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My personal viewpoint is that the "legal" statement is not very useful at all. And you're right about profiles and forum postings being considered public info. It is in collarme's privacy statement.

quote:

B. Public Forums
Any information posted to a Forum, Message Board or Chat Room should immediately be considered to be public information.

C. Member Profiles
Any information provided in a user profile, member directory, or other related service should be considered to be public information. We do not, can not, and will not act to maintain the privacy of any information that you provide in any such forum or medium.

quote:

ORIGINAL: Domin8tingUrDrmz
Similarly, along those lines, if one posts information to a message board, or a profile, that information is now in a public domain, thereby no rights are retained - at least that is how I see it. Provided of course the information being obtained isn't a copyrighted work such as a poem or a photograph written/taken by the person posting it. I've never read anywhere where general thoughts or words were copyright protected.

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RE: Disclaimers and Warnings - 12/22/2009 11:58:23 AM

Domin8tingUrDrmz

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Heh. Thanks for pointing that out. It's been a while since I've read the TOS.

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RE: Disclaimers and Warnings - 1/24/2010 11:14:48 AM

ThatDaveGuy69

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I just came across another profile with this sort of "disclaimer". What I'd like to know is if there is a huge incidence of individuals or institutions conducting studies from sites such as this. What possible information could you gather, especially since we're all fakes and liars anyway :D

I get it that people don't want their photos posted/used elsewhere, but I've seen this warning in profiles that don't have photos. What's up with that?

So let's say a psyche grad is writting a thesis. What possible value could be gained from a site where members retain most of their anonymity? It's not like the student can interview anyone directly.

OP: I agree with your choice of groups - the whole concept really is somewhat random and stupid.

BTW: since someone brought up the issue of copyrighted photos, only a few of the above posters seem to have used an image they actually own. Go figure.

~Dave

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RE: Disclaimers and Warnings - 1/24/2010 12:20:36 PM

stella41b

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There is no copyright legislation dealing with facts. Otherwise there'd be no news and no newspapers. You stating on your profile that you are male or female is a fact. You stating your age is a fact. You stating that you are submissive or dominant is a fact. You stating that you are seeking or not seeking is a fact.

You are making this information public.

Hence to my mind these disclaimers are meaningless.

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