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"You do not Have My Permission..." - 5/11/2014 8:56:01 AM

dink22

Posts: 171
Joined: 5/18/2005
Status: offline

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.

Post #: 1

RE: "You do not Have My Permission..." - 5/11/2014 9:27:20 AM

freedomdwarf1

Posts: 6845
Joined: 10/23/2012
Status: offline

FR~

The last time I saw something like this on another website, a heated discussion ensued about it.
Some will say that the Author of the words owns the copyright and hence has not given permission for those to be used elsewhere.
The other side of the coin is that by putting anything onto a public area gives anyone else indirect permission by publishing it on such a public medium and thus have waived said copyright.

Usually most websites, somewhere in the blurb and small print, tell you that by using the site you give permission for it to be used however the site owners choose, including indemnifying them and any of their agents, that whatever you post shall not cause them legal harm, including (but not limited to) reproduction of content when asked to do so.
Those sort of words basically means you have waived your personal rights to exclusivity and copyright on whatever you put on the site.
Ergo: those disclaimers don't mean anything at all in a legal sense.

_____________________________

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”

George Orwell, 1903-1950

(in reply to dink22)

Post #: 2

RE: "You do not Have My Permission..." - 5/11/2014 10:46:07 AM

SeekingTrinity

Posts: 1834
Joined: 5/29/2012
From: The 'burbs of Portland, OR
Status: offline

~FRing it~

I see that and pretty much just roll my eyes because the reality is that it's not going to honestly stop anyone from anything.

(in reply to freedomdwarf1)

Post #: 3

RE: "You do not Have My Permission..." - 5/11/2014 11:24:49 AM

GreedyTop

Posts: 52100
Joined: 5/2/2007
From: Savannah, GA
Status: offline

yep, what the Dino and Trinity said.

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(in reply to SeekingTrinity)

Post #: 4

RE: "You do not Have My Permission..." - 5/11/2014 11:34:54 AM

stef

Posts: 10215
Joined: 1/26/2004
Status: offline

quote:

ORIGINAL: dink22

I'm just wondering what the point is.

It's an intelligence test. People who post such warnings have failed the test. Be thankful when someone goes out of their way to prove their unsuitability to be in an adult relationship by posting this on their profile. It saves you the trouble of having to interact with them.

_____________________________

Welcome to PoliticSpace! If you came here expecting meaningful BDSM discussions, boy are you in the wrong place.

"Hypocrisy has consequences"

(in reply to dink22)

Post #: 5

RE: "You do not Have My Permission..." - 5/11/2014 12:03:50 PM

StrongSpirit

Posts: 575
Joined: 4/10/2005
Status: offline

There was a few college studies that copied peoples profiles from various dating websites.

Some idiot took offence to this and added it to his profile.

Other people started doing the same thing.

It might actually work - but not for the reason they think. Frankly I don't think any self respecting researcher would want to use a profile that poorly written.

(in reply to stef)

Post #: 6

RE: "You do not Have My Permission..." - 5/11/2014 12:48:03 PM

FullCircle

Posts: 5713
Joined: 11/24/2005
Status: offline

quote:

ORIGINAL: dink22
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.

Yep Hobert vs Jones

Hobert invented a way of conveying thoughts and feelings without using correct English and Jones wasn't happy about it because he had already demonstrated this technique on his profile. Then all these other people/lice came out of the woodwork and stated also that they had actually invented this process. It was a messy business there were no winners.

Do we really want to stop this cutting edge scientific research into BDSM profiles? I'd hate to think the cure for cancer was around the corner but we couldn't grasp it due to restrictions on BDSM profile research! Damn lobbyists!!

< Message edited by FullCircle -- 5/11/2014 12:59:07 PM >

_____________________________

∞ ﮒuקּƹɼ ƾɛϰưϫԼ Ƨωιϯϲћ.

(in reply to dink22)

Post #: 7

RE: "You do not Have My Permission..." - 5/11/2014 12:53:40 PM

Musicmystery

Posts: 30259
Joined: 3/14/2005
Status: offline

~FR~

I'm always amazed how slow people are to understand this.

When you publish something -- and that's what you do when you post a profile -- it's out for the public to see.

What are you going to sue for? Copyright infringement?

Further, even if there were some case to be made (there isn't), the poster would have to show damage. That doesn't seem likely.

You post it, you're sharing it. Hello.

(in reply to FullCircle)

Post #: 8

RE: "You do not Have My Permission..." - 5/11/2014 1:20:23 PM

Spiritedsub2

Posts: 3316
Joined: 7/18/2012
Status: offline

quote:

ORIGINAL: stef

quote:

ORIGINAL: dink22

I'm just wondering what the point is.

It's an intelligence test. People who post such warnings have failed the test. Be thankful when someone goes out of their way to prove their unsuitability to be in an adult relationship by posting this on their profile. It saves you the trouble of having to interact with them.

This is the use I make of it.

_____________________________

Don’t grieve. Anything you lose comes round in another form.
~ Rumi

Laughing Dolphin

(in reply to stef)

Post #: 9

RE: "You do not Have My Permission..." - 5/11/2014 1:32:01 PM

MissShey

Posts: 71
Joined: 1/25/2009
Status: offline

This is what Daddy posts on His profile elsewhere...

WARNING: Any institution or person using this site or any of its associated sites: You do not have my permission to use any of my pictures, information from my profile, or anything I post in any of the forums or groups on this website in any form or forum both current or future without prior written consent. You do not have my permission to copy, save, print, or re-post my pictures or information without prior written consent. If you have done or do any of the above, it will be considered a violation of my privacy but you'll get away with it scot free because how the fuck am I going to be able to track you down? It is recommended that other members stop posting this asinine message because it's utterly meaningless.

(in reply to Spiritedsub2)

Post #: 10

RE: "You do not Have My Permission..." - 5/11/2014 1:54:22 PM

freedomdwarf1

Posts: 6845
Joined: 10/23/2012
Status: offline

quote:

ORIGINAL: MissShey

This is what Daddy posts on His profile elsewhere...

WARNING: Any institution or person using this site or any of its associated sites: You do not have my permission to use any of my pictures, information from my profile, or anything I post in any of the forums or groups on this website in any form or forum both current or future without prior written consent. You do not have my permission to copy, save, print, or re-post my pictures or information without prior written consent. If you have done or do any of the above, it will be considered a violation of my privacy but you'll get away with it scot free because how the fuck am I going to be able to track you down? It is recommended that other members stop posting this asinine message because it's utterly meaningless.

It is "utterly meaningless" but not for the reason he stated.

It's because that by signing up and using the site he has agreed to his contributions being in the public domain.
Nothing to do with if he can track the perpetrators down - he has waived all rights to personal copyright and exclusivity just by posting it on the site. Ergo: It is not a violation of his privacy in any way.

_____________________________

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”

George Orwell, 1903-1950

(in reply to MissShey)

Post #: 11

RE: "You do not Have My Permission..." - 5/12/2014 12:18:44 AM

orgasmdenial12

Posts: 613
Joined: 9/18/2012
Status: offline

I think we are discussing two different issues here. One is copyright infringement, the other is skimming profiles for collection of data. In terms of copyright, publication online is actually proof of copyright since most publications are dated and can be used to establish who wrote or created it first. Most websites include a disclaimer to say that they can use your material elsewhere on their website but this in no way negates intellectual ownership of the property and the owner can remove or reuse their content as they please. It also does not constitute permission for others to use or repost that content elsewhere, except in the case of reasonable response, for example if someone quoted you in order to respond to your post. I recently discovered that a pro sub on another site had ripped off entire journal entries and writings I had made, without crediting me as the author. I applied to the website to have the content removed on the basis that I was the rightful owner of it, and they did so immediately. As regards people using profiles for data, it would be incredibly difficult to prevent them, however the disclaimer may prevent the publication of identifying details on the profile, for example pictures. However, no credible researcher would reproduce this without informed consent anyway. So it's basically a warning to the people least likely to listen to it, and thus fairly useless.

(in reply to dink22)

Post #: 12

RE: "You do not Have My Permission..." - 5/12/2014 12:28:21 AM

crazyml

Posts: 5568
Joined: 7/3/2007
Status: offline

Hmm... the copyright statement is redundant because you don't have to assert your copyright, you have it automatically by dint of being the author of the work.

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Remember.... There's always somewhere on the planet where it's jackass o'clock.

(in reply to orgasmdenial12)

Post #: 13

RE: "You do not Have My Permission..." - 5/12/2014 6:20:32 AM

Musicmystery

Posts: 30259
Joined: 3/14/2005
Status: offline

quote:

ORIGINAL: orgasmdenial12

I think we are discussing two different issues here. One is copyright infringement, the other is skimming profiles for collection of data. In terms of copyright, publication online is actually proof of copyright since most publications are dated and can be used to establish who wrote or created it first.

Copyright infringement was raised satirically, not as a separate point.

And you don't have copyright protection on what you post freely on social sites.

Anonymously at that.

(Well, pseudonymously anyway . . . )

< Message edited by Musicmystery -- 5/12/2014 6:21:41 AM >

(in reply to orgasmdenial12)

Post #: 14

RE: "You do not Have My Permission..." - 5/12/2014 6:57:14 AM

freedomdwarf1

Posts: 6845
Joined: 10/23/2012
Status: offline

quote:

ORIGINAL: crazyml

Hmm... the copyright statement is redundant because you don't have to assert your copyright, you have it automatically by dint of being the author of the work.

And by using a website you agree to their terms; which usually means you waive those rights.

Just FYI, take a look at the CM privacy policy (underlining mine) -

quote:

VIII. Photographs, Public Forums, and Member Profiles:

A. Photographs – Any photographs, images or graphics posted by you to the SITE should immediately be considered available for viewing by the public. We do not, can not, and will not act to maintain the privacy of any such material that you provide in any such medium.

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.

Most sites have something similar.
So... by using the site in any way, you have vested yourself of your 'automatic' copyright and placed anything you put on the site into the public domain.
Ergo: anyone copying any of it may do so without seeking prior permission and they may use it for any reason they see fit. After all, it is now public domain.

So those immortal words "You do not Have My Permission..." mean absolutely nothing at all.
Moreover, you would be illegally claiming ownership of those words.

_____________________________

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”

George Orwell, 1903-1950

(in reply to crazyml)

Post #: 15

RE: "You do not Have My Permission..." - 5/12/2014 7:25:45 AM

DarkSteven

Posts: 28072
Joined: 5/2/2008
Status: offline

I've seen profiles that consisted of pics stolen from the Internet, and a few quotes from Marilyn Monroe and Anais Nin. And the copyright notice. Even the notice was unoriginal content.

I HAVE had my autosig (You women...) stolen. The guy who stole it was semiliterate, and his posts were weird posts of rambling incoherency, finished off with my quote. I was tipped off by someone at cm, and notified the mods of the forum he posted in, but nothing was ever done.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

(in reply to Musicmystery)

Post #: 16

RE: "You do not Have My Permission..." - 5/12/2014 7:43:19 AM

MasterCaneman

Posts: 3842
Joined: 3/21/2013
Status: offline

FR:
Most of what I post online I could care less if anyone 'used' it. About the only thing I may have issue with would be my (horrible) fiction I've posted here and other sites, but those pieces are what I consider 'throwaways', and if someone does steal them and try to make money off of them, I have the necessary safeguards in place to check that.

_____________________________

Age and treachery will always overcome youth and ambition.

The supreme art of war is to subdue the enemy without fighting. ~ Sun Tzu

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(in reply to DarkSteven)

Post #: 17

RE: "You do not Have My Permission..." - 5/12/2014 8:02:55 AM

Musicmystery

Posts: 30259
Joined: 3/14/2005
Status: offline

Then there's simple reality - - -

For instance, what I post on my blog *is* copyright protected, but if someone steals it, there's not a lot I can do about it.

The exception would be if:
* they made a lot of money from using it (to make it worth pursuing in terms of legal costs)
* my lawyers could establish who they were
* they lived in a country where I could effectively prosecute (practically, that's the US, since international law is weak to non-existent)

I can ask them nicely to take it down. That's about it.

(in reply to MasterCaneman)

Post #: 18

RE: "You do not Have My Permission..." - 5/12/2014 12:40:04 PM

stef

Posts: 10215
Joined: 1/26/2004
Status: offline

quote:

ORIGINAL: freedomdwarf1

The other side of the coin is that by putting anything onto a public area gives anyone else indirect permission by publishing it on such a public medium and thus have waived said copyright.

Bullshit. Posting something online does not waive copyright, directly or indirectly.

_____________________________

Welcome to PoliticSpace! If you came here expecting meaningful BDSM discussions, boy are you in the wrong place.

"Hypocrisy has consequences"

(in reply to freedomdwarf1)

Post #: 19

RE: "You do not Have My Permission..." - 5/12/2014 12:50:34 PM

Musicmystery

Posts: 30259
Joined: 3/14/2005
Status: offline

Good luck with that.

(in reply to stef)

Post #: 20

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