tangor - 8:30 am on Mar 1, 2012 (gmt 0)
The same second the Pin widget goes up, that site most likely becomes just as liable as Pinterest. Pinterest is liable because they provide both the tools and their bots actively do the heavy lifting of taking images as "ordered" by their user. (Thats the difference from Facebook and such, BTW. Pinterest do not fit the Safe-Harbor clause under DMCA. They are not innocent bystanders to bad user-content.)
Pinterest's TOS to members (which gives them an out and places it on the members for the infringing):
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cold Brew Labs� use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party�s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Love the weasel wording which gives them the right (Cold Brew... and how do we get to Pinterest from there? Though I do like a cold brew from time to time) to use above all rights, just short of saying "we have the right"... Shakespeare said it correctly: First we kill all the lawyers" or something like that. :)
Attempting to play "Safe Harbor" for what will be intentional by design, but unknowing (by design) content infringement. I don't like this site, I don't like their business plan (think Napster and all those others, too) and have a pretty strong feeling Pinterest will end up in the same place, too. Even lawyers are ducking out after reading further into the TOS of this biz (there's other parts, too, but the above is significant) More thoughts here: [thespec.com...]
If I am too subtle, I do not like their biz plan. Period.