moderated Re: Dealing with Terms of Service violations/other complaints

Brian Vogel <britechguy@...>


             I already covered this by saying that I was not referring to commercially produced material.  There is no question as to who owns the copyright to a commercial film, published book (or full article), journal article, and the list goes on.   These are, of course, far more promptly taken down because no one can argue about who owns the copyright.

             I am referring to material, such as my words here, that are composed as part of the back and forth of interaction in an online forum.   I cannot imagine a court in the world finding for me were I to try to get a formal take-down order for this, even if there were absolutely no Terms of Service for the venue where posted.


           Also covered earlier in the thread.  I absolutely believe that, for a public or wide-subscription online forum, where the bulk of the content is not the result of the originating founder or some private entity, that it is not that founder or founding entity that owns that content.   I would argue that, under the ToS here, it can legitimately be argued that it is the property of  Even if they were not in existence, my words on a public or wide-subscription forum, are not your property even if you have legal right to distribute them.

           We are in a new world where a lot of the issues we're discussing could not even have been possible as recently as 20 years ago.  I do not believe that the founder of a list has the right to do anything beyond locking it down if they wish to terminate its ongoing existence.  What has accrued as community knowledge through the normal back and forth that occurs in a forum or mailing list, cannot reasonably be construed as "belonging" to any one member of that community.  That requires, of course, that you consider an online forum or e-mailing list a community, and I do.

           Regardless of who started them, the content of them, if it's been public, is something that anyone I know expects to be able to find either directly at that site that hosts it so long as that service provider exists or via the internet archive if they go defunct.  I thought I covered this about as thoroughly as I possibly could in:

At this point I'm out because I feel like I'm flogging a dead horse and also think that my prior posts have covered the eventualities that are being brought up as "what if's" quite thoroughly.
Brian  - Windows 10 Home, 64-Bit, Version 1703, Build 15063  (dot level on request - it changes too often to keep in signature)
I worry a lot. . . I worry that no matter how cynical you become it's never enough to keep up.
    ~ Trudy, in Jane Wagner's 
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