RE: "You do not Have My Permission..."

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RE: "You do not Have My Permission..." - 5/13/2014 10:05:25 AM

orgasmdenial12

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quote:

ORIGINAL: freedomdwarf1
And since when has YT ever paid royalties to performers who publish their works on there??

Youtube does not have to pay royalties to artists who post their work on there, anymore than CollarMe has to pay me royalties for posting my journal on here. However, the artist still retains copyright on their work and can claim royalties elsewhere. Additionally, if their work was posted there without their permission, then youtube must remove it, which is why you so often see videos removed due to copyright infringement.

The key point is that making information publically accessible does not constitute a waiver of copyright.

The following definitions and explanation may assist your understanding:

quote:

The Rainwater Press glossary of publishing terms defines copyright infringement as "When another party besides the copyright owner reproduces a copyrighted work, in whole or in part, without the copyright owner's permission." Another type of infringement is plagiarism, which Seattle Central Community College defines as "Using another author's ideas or words without proper documentation; representing someone else's creative work (ideas, words, images, etc.) as one's own, whether intentional or not." While the first example above is a case of unauthorized reproduction, the other three examples are all cases of plagiarism.

Some cases of copyright infringement are unintentional. Many are the result of ignorance on the part of what I call "clueless copiers." Often, these infringers are not even writers, and may have only the vaguest notion of what copyright means. Many mistakenly believe that anything posted on the Web is free to be used or passed on (e.g., by e-mail).

http://www.writing-world.com/rights/plagiarism.shtml

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RE: "You do not Have My Permission..." - 5/13/2014 11:31:57 AM

crazyml

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[Ed for typo..posting from phone]

Hey fd. .. I can see where you're coming from, but you're misreading the terms of service. It uses the term "Public information", not public domain.

There is nothing in the tos that represents an assignment of copyright. There is an implied license to the site owners to publish, and quoting in the forum is covered both by fair use and an implied license.

To assign copyright, or license it under an open license (like creative commons or the public domain) you have to do it very explicitly.

< Message edited by crazyml -- 5/13/2014 11:33:09 AM >

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Post #: 42

RE: "You do not Have My Permission..." - 5/13/2014 11:48:37 AM

Musicmystery

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quote:

ORIGINAL: orgasmdenial12

quote:

ORIGINAL: Musicmystery
Cooperation, not litigation, saved you there.

That is incorrect. Once the host company has been advised that they are hosting stolen material, they are legally required to remove it, under the DMCA (Digital Millenium Copyright Act).

Sigh.

Did you litigate?

No?

Then cooperation, not litigation, saved the day.

You're "required" to drive the speed limit. Yet . . .

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Post #: 43

RE: "You do not Have My Permission..." - 5/13/2014 12:14:24 PM

freedomdwarf1

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quote:

ORIGINAL: crazyml
Hey fd. .. I can see where you're coming from, but you're misreading the terms of service. It uses the term "Public information", not public domain.

Did I not say exactly that - and underlined it - that it is willfully given to public information??

And my last bit quoted from the free urban dictionary that: Notwithstanding the phrase "Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work." to which most of CM's contributions would fall under, the fact that you have agreed to make your contribution "common" (by placing it for public consumption) would also place such material outside of the copyright laws.

The way I read that (and it was US law I was quoting), would make contributions to the CM website, together with the agreeing of the declaration that it is considered as public information, effectively denies copyright because it falls outside of the realms of copyright law.
Also, I quoted the bit where it states you have no claims to sue for copyright unless you filed the necessary papers and paid the fee together with the appropriate notices on said works.
Stef called bullshit and myth but it's there in black and white.

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Post #: 44

RE: "You do not Have My Permission..." - 5/13/2014 2:56:42 PM

crazyml

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You're still confusing information (not subject to copyright - except in some clearly defined circumstances) and expression, which is. The disclaimer is about privacy, it is not about copyright. To be a valid assignment of copyright it would have to expressly assign copyright.

You do not have to register copyright, or even assert your copyright - you have it immediately, and legally, when you create an original work.

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Post #: 45

RE: "You do not Have My Permission..." - 5/13/2014 3:03:11 PM

freedomdwarf1

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Except in the circumstance that I outlined as not being within copyright law.
And for the most part, that would include contributions to CM's website and well as many other websites that declare a similar exclusion that members have to agree with prior to using the sites.

Either way, I wouldn't like to put it to the test as I see it falling outside of copyright law.

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Post #: 46

RE: "You do not Have My Permission..." - 5/13/2014 3:31:34 PM

crazyml

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The exclusions you tried to assert do not apply, because you have misunderstood the meaning of the term "public information".

But I sense we're not going to agree.

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RE: "You do not Have My Permission..." - 5/13/2014 6:47:43 PM

Hillwilliam

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FR. Here's what part of my profile says.

WARNING: To ALL Institutions and/or individuals using this site or its associated sites for projects or personal use: Trust me on this one. I don't have a fucking thing you could possibly want. Now, go away.

Feel free to copy

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Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

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Post #: 48

RE: "You do not Have My Permission..." - 5/13/2014 8:21:08 PM

Musicmystery

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By the way, Karl Marx said that about religion being the opiate of the masses.

Alan Watts said "If religion is the opiate of the masses, then the Hindus have the best dope."

Right wing radio is more like cheerleaders cheering on cheerleaders cheering about cheerleading.

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RE: "You do not Have My Permission..." - 5/13/2014 8:39:14 PM

tj444

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quote:

ORIGINAL: dink22

Just wondering about this. I started to see it pop up, especially on BDSM web sites, about 6 or 7 years ago. You know, the:

"you do NOT have my permission to use ANYTHING in this profile for research or any other purpose."

when someone has put that on their profile it tells me they are a "follower", one of the sheeple.. makes me cringe to see that on someone's profile, quite frankly..

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RE: "You do not Have My Permission..." - 5/13/2014 10:16:27 PM

LookieNoNookie

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quote:

ORIGINAL: dink22

Just wondering about this. I started to see it pop up, especially on BDSM web sites, about 6 or 7 years ago. You know, the:

"you do NOT have my permission to use ANYTHING in this profile for research or any other purpose."

And many other variations. I mean, if someone wants to use your profile for research purposes, how exactly is that going to stop them? Same with your pics. How are you going to stop anyone from using your pics once you've posted them. And what are the chances that you're even going to know?

I'm just wondering what the point is. Does anyone know of any lawsuits (not theoretical lawsuits - real lawsuits) where this was a factor? If so, could you provide links? I'd be interested in reading about it.

Because someone a few years back used this site and Craigslist among others to garner specific and personal information for an article/study/publication, hence the statement "you do not have my permission to...."

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RE: "You do not Have My Permission..." - 5/13/2014 11:31:13 PM

freedomdwarf1

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quote:

ORIGINAL: crazyml

The exclusions you tried to assert do not apply, because you have misunderstood the meaning of the term "public information".

But I sense we're not going to agree.

Public domain, public information... Doesn't matter and pretty irrelevant in this case.
We will probably have to agree to disagree.
Given the exclusions (particularly those I underlined), I think whatever you put on CM or any other similar website clearly falls into the area not covered under copyright.

And here's why I think they don't -
I tend to read these kinds of laws like an insurance policy.
Let's take a theoretical example.... Let's assume you have this marvelous all-singing, all-dancing insurance policy that covers every bit of your property and contents for accidental damage, fire, flood, theft and even malicious damage. You get reams of waffle about what's covered and how you're protected and what goodies come with it etc etc etc. Pages and pages of words, maybe even a booklet, to wade through.... Right up to the little bit at the end that covers "Exclusions", usually in small print, that says it excludes 'Act of God' and 'usurped power'.
So... your house gets fire-bombed. You claim for the damages under your 'Fire' section, right? Because your house was set alight and it burned. If it was some yobbo that did it, fine. Claim successful. But if that yob was part of a bunch of people rioting to oust out the local mayor, sorry, claim rejected because it comes under 'usurped power' - specifically excluded.
Or, your house got flooded by your hot tub splitting and 2,000 gallons of water came crashing through your patio doors and ruined all your downstairs furniture and electrics. You claim under the flood part of your policy, right? But it turns out that it rained heavily and you hadn't covered your hot tub in the storm so it overflowed beyond what it would normally hold. Ahah! So you claim under 'Accidental damage' instead, right? Sorry, claim rejected because it would come under 'Act of God' because it was the rain that caused the hot tub to overflow and you failed to cover it adequately - that is specifically excluded under the policy.

See what I mean??
Just like the copyright laws, it doesn't matter about all those pages of waffle of what it does cover and protect. What does matter are the exclusions because, at the end of the day, that's the bottom line.
So for the copyright law, although we are reading the same words, I concentrated on the exclusions which seem pretty clear to me (those bits I underlined) that copyright law wouldn't exist in these cases and would not be applicable. Ergo: no infringement to consider.

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Post #: 52

RE: "You do not Have My Permission..." - 5/14/2014 3:45:50 PM

crazyml

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A better example would be this...

I read a post on a site, whose T&C's state that everything is public information, which says that the sun will rise at 6.am tomorrow. I then repost this post somewhere else. And the person who originally says it sues me for copyright infringement, and sues the site for breach of privacy. The copyright case fails because information is not subject to copyright, and the privacy infringement case fails because of the T&C's.

On the other hand, I read a poem on the site and copy it to my blog. The owner sues for copyright infringement and wins, because the poem is not "Information", it is a creative work and as such it is subject to copyright and the T&C's of the site do not include a transfer of copyright.

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Post #: 53

RE: "You do not Have My Permission..." - 5/14/2014 8:15:24 PM

sloguy02246

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The actual quote from Marx's paper, "A Contribution to the Critique of Hegel's Philosophy of Right" published in 1844 is:

"Religion is the sigh of the oppressed creature, the heart of a heartless world, and the soul of soulless conditions. It is the opium of the people."

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