quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: Karmastic

it has nothing to do with the photos. although, when u take and post a photo, you're publishing it, and i think u don't need to mark it as such to receive copyright protection. regardless, i can think of a 100 "fair use" exceptions where they could use your pics.

i included the warning, and it DOES have a useful purpose in this limited context: someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me to obtain information. now being ethical is no guarantee, but if you're doing research, and have 1 unethical choice, and a hundred ethical choices, you'll probably choose one of the ethical choices.

some may say this doesn't happen, or that it's stupid to include in my profile because it's such a low risk. to them, i say, it doesn't hurt, and any woman who would be put off by something so trivial isn't a good match for me anyway.

btw - i'm not talking out of my ass here, I'm "trained".

But anyone doing academic research cannot enlist subjects without their knowledge. You have to agree to be part of a study in order to be in a conversation with someone doing research. They can't pretend to be a regular user of CM and contact you and not tell you that they are actually corresponding with you for research purposes. I believe that is illegal regardless of whether you put the disclaimer up or not. Again, I'm not sure the disclaimer adds anything to the rights that people already have by law.

quote:

ORIGINAL: Karmastic

quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: Karmastic

it has nothing to do with the photos. although, when u take and post a photo, you're publishing it, and i think u don't need to mark it as such to receive copyright protection. regardless, i can think of a 100 "fair use" exceptions where they could use your pics.

i included the warning, and it DOES have a useful purpose in this limited context: someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me to obtain information. now being ethical is no guarantee, but if you're doing research, and have 1 unethical choice, and a hundred ethical choices, you'll probably choose one of the ethical choices.

some may say this doesn't happen, or that it's stupid to include in my profile because it's such a low risk. to them, i say, it doesn't hurt, and any woman who would be put off by something so trivial isn't a good match for me anyway.

btw - i'm not talking out of my ass here, I'm "trained".

But anyone doing academic research cannot enlist subjects without their knowledge. You have to agree to be part of a study in order to be in a conversation with someone doing research. They can't pretend to be a regular user of CM and contact you and not tell you that they are actually corresponding with you for research purposes. I believe that is illegal regardless of whether you put the disclaimer up or not. Again, I'm not sure the disclaimer adds anything to the rights that people already have by law.

Im not familiar with any laws, codes, case law, or common law that says it's illegal, criminal, unlawful, or actionable to pose as someone to collect data. do u remember where u heard this, or can u cite anything?

i specialized in intellectual property law in school, as well being associated with clinical studies IRL. it's true u need informed consent for most studies, but there's plenty of studies where the true intent is blind. and other studies where they go out and collect "free" public data, like on internet sites and boards (like here).

quote:

ORIGINAL: kalikshama

Here's what a lawyer has to say about that warning:

FYI: Just because you say it does not make it so.

"WARNING: Institutions using site for research -- You do not have my permission to use any of my pictures or personal information blah blah blah. And if you do, you will be subject to legal ramifications blah blah blah"

You put yourself and your pictures on a publicly accessible website, and thereby lose any expectation of privacy. So its not a privacy issue. And in terms of any claim re misappropriation of your likeness, that's a very hard claim to prove unless (1) you're a famous or otherwise noteworthy person and (2) someone is using your likeness "in commerce."

Meaning all that bullshit about "legal ramifications" is... well.. bullshit. The more you know.

quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: JanahX

I suppose - how much does it cost to hire an international lawyer and participate in an international trial to see that the full penalty of the law is brought down on this individual? Does that person have that kind of time, money and energy to be putting into that kind of effort?

Get real - this is CM, a free website. I am thinking that many of the users that post that disclaimer dont have a pot to piss in. But you never know ..., there just might be that ONE person ... in that ONE certain circumstance that you just described.

Warning to all those without the "disclaimer" !!!

I'm in a creative profession. So I understand it may seem trivial to you. But to the extent that people have created something special, an artistic BDSM photo, with the use of a paid model, etc. and are using that on their profile, they still have not given up their copyright to that image by simply putting it up on this website. That is the law in the U.S. And it would apply to its use in the U.S. by other people. I'm not sure why you think of this only in international terms. I'm just saying if someone in the U.S. used photos to make money, that is covered by U.S. copyright law. And if there was enough money on the table, attorneys here would take the case on contingency. People/companies in the U.S. get sued all the time for using images that they don't own the copyright to.

quote:

ORIGINAL: fucktoyprincess


I'm just saying whether you put the language in your profile or not doesn't matter. Your legal rights are still the same. It's not like you have to put the language in to have the protections (leaving aside the issue of how often any of us here would actually need to exert our legal rights).

quote:

ORIGINAL: LafayetteLady

quote:

ORIGINAL: fucktoyprincess


I'm just saying whether you put the language in your profile or not doesn't matter. Your legal rights are still the same. It's not like you have to put the language in to have the protections (leaving aside the issue of how often any of us here would actually need to exert our legal rights).

Which brings us back to why do people do it?  Obviously because they want to be perceived as pompous blow hards who think anything in their profile or pictures is worth stealing.

Think about it...have you seen many where that statement exists and you think, "damn! I really wish I could have used that..." or is it more likely, "damn! who would want to steal that anyway..."

quote:

Which brings us back to why do people do it? Obviously because they want to be perceived as pompous blow hards who think anything in their profile or pictures is worth stealing.

Think about it...have you seen many where that statement exists and you think, "damn! I really wish I could have used that..." or is it more likely, "damn! who would want to steal that anyway..."

quote:

ORIGINAL: kalikshama

Here's what a lawyer has to say about that warning:

FYI: Just because you say it does not make it so.

"WARNING: Institutions using site for research -- You do not have my permission to use any of my pictures or personal information blah blah blah. And if you do, you will be subject to legal ramifications blah blah blah"

You put yourself and your pictures on a publicly accessible website, and thereby lose any expectation of privacy. So its not a privacy issue. And in terms of any claim re misappropriation of your likeness, that's a very hard claim to prove unless (1) you're a famous or otherwise noteworthy person and (2) someone is using your likeness "in commerce."

Meaning all that bullshit about "legal ramifications" is... well.. bullshit. The more you know.

quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: Karmastic

quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: Karmastic

it has nothing to do with the photos. although, when u take and post a photo, you're publishing it, and i think u don't need to mark it as such to receive copyright protection. regardless, i can think of a 100 "fair use" exceptions where they could use your pics.

i included the warning, and it DOES have a useful purpose in this limited context: someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me to obtain information. now being ethical is no guarantee, but if you're doing research, and have 1 unethical choice, and a hundred ethical choices, you'll probably choose one of the ethical choices.

some may say this doesn't happen, or that it's stupid to include in my profile because it's such a low risk. to them, i say, it doesn't hurt, and any woman who would be put off by something so trivial isn't a good match for me anyway.

btw - i'm not talking out of my ass here, I'm "trained".

But anyone doing academic research cannot enlist subjects without their knowledge. You have to agree to be part of a study in order to be in a conversation with someone doing research. They can't pretend to be a regular user of CM and contact you and not tell you that they are actually corresponding with you for research purposes. I believe that is illegal regardless of whether you put the disclaimer up or not. Again, I'm not sure the disclaimer adds anything to the rights that people already have by law.

Im not familiar with any laws, codes, case law, or common law that says it's illegal, criminal, unlawful, or actionable to pose as someone to collect data. do u remember where u heard this, or can u cite anything?

i specialized in intellectual property law in school, as well being associated with clinical studies IRL. it's true u need informed consent for most studies, but there's plenty of studies where the true intent is blind. and other studies where they go out and collect "free" public data, like on internet sites and boards (like here).

Yes, but you still need informed consent if they are asking you specific information that you are providing (they don't have to reveal their hypothesis, but they have to get your consent to participate).

I think what is considered public/private and the issue of informed consent on the Internet is one that is still being grappled with.

http://www.bmj.com/content/323/7321/1103.short

http://nationalethicscenter.org/resources/187/download/ethical_legal.pdf

quote:

ORIGINAL: JstAnotherSub

Ok, I just saw this on a profile and I gotta know, after seeing it so many times. Does anyone really think someone else gives that much of a damn about what they put in their profile?

quote:

**Warning: Any institutions or individuals using this site or any of its associated sites for studies or projects --

quote:

ORIGINAL: LafayetteLady

quote:

ORIGINAL: fucktoyprincess


I'm just saying whether you put the language in your profile or not doesn't matter. Your legal rights are still the same. It's not like you have to put the language in to have the protections (leaving aside the issue of how often any of us here would actually need to exert our legal rights).

Which brings us back to why do people do it?  Obviously because they want to be perceived as pompous blow hards who think anything in their profile or pictures is worth stealing.

Think about it...have you seen many where that statement exists and you think, "damn! I really wish I could have used that..." or is it more likely, "damn! who would want to steal that anyway..."

quote:

ORIGINAL: tj444

quote:

ORIGINAL: JstAnotherSub

Ok, I just saw this on a profile and I gotta know, after seeing it so many times. Does anyone really think someone else gives that much of a damn about what they put in their profile?

quote:

**Warning: Any institutions or individuals using this site or any of its associated sites for studies or projects --

oh,.. it tells me a lot about the person that puts that on their profile..

it tells me they are an ijit cuz they likely saw it on someone elses profile and they thought it was a good idea or would actually legally mean anything so like a sheeple/copycat they did the same thing.. I also believe that you give away certain (or all?) legal rights to CM when agreeing to join this site.. I am too lazy to look it up tho to verify the exact wording of what one agrees to, but its there somewhere.. so that makes them a double ijit for not realizing this and/or for not reading the conditions/terms before they agreed to join..

seeing that on someones profile makes me laugh.. I dont bother with people that can't think for themselves..

quote:

ORIGINAL: Karmastic

quote:

ORIGINAL: tj444

quote:

ORIGINAL: JstAnotherSub

Ok, I just saw this on a profile and I gotta know, after seeing it so many times. Does anyone really think someone else gives that much of a damn about what they put in their profile?

quote:

**Warning: Any institutions or individuals using this site or any of its associated sites for studies or projects --

oh,.. it tells me a lot about the person that puts that on their profile..

it tells me they are an ijit cuz they likely saw it on someone elses profile and they thought it was a good idea or would actually legally mean anything so like a sheeple/copycat they did the same thing.. I also believe that you give away certain (or all?) legal rights to CM when agreeing to join this site.. I am too lazy to look it up tho to verify the exact wording of what one agrees to, but its there somewhere.. so that makes them a double ijit for not realizing this and/or for not reading the conditions/terms before they agreed to join..

seeing that on someones profile makes me laugh.. I dont bother with people that can't think for themselves..

you made a bunch of assumptions about how you think someone on the internet that you don't know thinks, based on erroneous legal conclusions.

that is all.

quote:

someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me

quote:

ORIGINAL: tj444

quote:

ORIGINAL: Karmastic

quote:

ORIGINAL: tj444

quote:

ORIGINAL: JstAnotherSub

Ok, I just saw this on a profile and I gotta know, after seeing it so many times. Does anyone really think someone else gives that much of a damn about what they put in their profile?

quote:

**Warning: Any institutions or individuals using this site or any of its associated sites for studies or projects --

oh,.. it tells me a lot about the person that puts that on their profile..

it tells me they are an ijit cuz they likely saw it on someone elses profile and they thought it was a good idea or would actually legally mean anything so like a sheeple/copycat they did the same thing.. I also believe that you give away certain (or all?) legal rights to CM when agreeing to join this site.. I am too lazy to look it up tho to verify the exact wording of what one agrees to, but its there somewhere.. so that makes them a double ijit for not realizing this and/or for not reading the conditions/terms before they agreed to join..

seeing that on someones profile makes me laugh.. I dont bother with people that can't think for themselves..

you made a bunch of assumptions about how you think someone on the internet that you don't know thinks, based on erroneous legal conclusions.

that is all.

and you are assuming that i give a dam what you think about what i think..

quote:

ORIGINAL: Miserlou

quote:

someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me

I don't see how that is the case, since the warning doesn't mention conversing with you in any way, and your profile is published and therefore legitimate source material for research purposes.

I'm afraid your interpretation doesn't make any sense.