|Forum Owner/Member Right|
How Far Can Ownership Go?
I have a bad feeling about the following:
In each such case, the submitting user grants ***** the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
First of all the policy for this forum also states they respect the copyrights of the writer. How can they when they say they own anything you post? And can change anything you write? And what international law allows anyone the right to own anything forever?
I'm obviously not a lawyer, but this really looks bad. It really looks like somebody is a thief.
Please give me some idea as to how far from reality I'm thinking. Thank you.
I've seen statements like this before. I can't blame them for using it. It is not easy running a forum and alot of forum owners are worried about lawsuits. If you want to participate on their forum you need to agree to their rules.
They respect your copyrights, so they are saying that you need to grant them a license so you can participate.
You also cannot complain if they change their formatting, if someone quotes you in a reply or in a different message in a totally different thread, or if decide to publish a synopsis in a discussion in a print magazine.
They are respecting your copyright by asking for that license, just don't post anything there that you want to retain total control of.
There are other fora that require you to post under one ot the various CCLs. It really isn't much different, except they are making you grant similar rights to *everyone*, but it doesn't really sound as bad.
Been away too long. Sorry about that.
I'm no lawyer, but how can they be respecting my ownership rights while at the same time claiming ownership themselves? That sounds like funny-talk.
According to the agreement text you posted, you are granting them a non-exclusive license to display and use what you post. You are not granting them ownership.
The only questionable part of it is "all subject to the terms of any applicable license" -- That's a bit "fuzzy"... Whose "applicable license"? It's not clear.
This is becoming pretty biolerplate for online forums anymore.. In the past there have been many fights and threats of lawsuits when a community goes to hell and people want "their stuff" taken down.. This type of 'license' may protect the forum owner from a lawsuit should he choose to ignore the poster and not delete his content..
Then there are the mods that 'edit posts'.. If they do not have some form of control over the content and use of the material posted, then legally they might not be able to delete things like links, pictures, etc., for fear of violation someone's protected copyright..
But in the end, it comes down to this.. It's their house.. If you want to post there you must play by their rules.. Don't like the rules, don't post..