AUP

[unclehobart]

(Article 3-1 of the AUP) I find such a broad sweeping claimant against my intellectual property to be tasteless and abusive. I do not intend to give direct or indirect permission to loot my words and works. I will hereby no longer post upon this site until the line is ammended or removed. Drop me an email sometime if it ever happens.

 

[Luis G]

are you joking ?

 

[Justintime]

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are JJR512.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to JJR512.com a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to JJR512.com by all means and in any media now known or hereafter developed. You also grant to JJR512.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against JJR512.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to JJR512.com.

Got a problem there too? ?(
http://forums.jjr512.com/main.php?s=&action=legal

 

[outside looking in]

Heh, like that would stand up in court.

 

[Guest]

aup = agreement up-ends progress

 

[unclehobart]

[/i]Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are JJR512.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to JJR512.com a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to JJR512.com by all means and in any media now known or hereafter developed. You also grant to JJR512.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against JJR512.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to JJR512.com.[/i]

All I read in there is a perpetual agreement that they can use the material ad infinitum as they see fit... not that they outright own it. The JJR aup is more of a coop... not usurping.

 

[fury]

You know how it is with these precooked AUP's. I'll reword it, but I hope you realize just what changing this would open up... All kinds of things you post now could be freely used in any way by anyone and we wouldn't be able to protect it from happening.

Enjoy!

 

[samcurry]

Unc it the same thing in different words.

But anyways your wish is our command.

(please remember to read this carefully, For it does have its ramifications.)

OTCentral.com is not responsible for the confidentiality of any non-personal information, message, concept, or idea communicated to the OTCentral.com web site. By communicating material to the OTCentral.com web site, you agree to indemnify OTCentral.com for any liability or responsibility for the loss, plagiarism, retransmission, reproduction, or creation of derivative works from, any material you have submitted.

 

[unclehobart]

There are better ways of just wording it so that it conveys protections for both the author and the site is equal fashion. I know that the AUP is a 'catch all ready made' one... but it was far too boiler plate by way of cutting me out of the ownership to anything I say. There are ways of making it an equal and yet protected package from outside ner do wells.

 

[unclehobart]

Thanx btw-

I know its much adoo about nothing... I just bristle with irritation at how hard it smacked of high Orwellianism at the core.

 

[samcurry]

All i really want is a happy medium. Trust me i dont have the time to take any ideas out of the forums and begin a new venture. Let alone figure out how to get into the true data and take it.
While it is true that any owner of a forum owns the database, most I believe anyways, really dont understand the potiential problems you can have.
I would just like to protect myself and the members.

Not a problem dude

 

[outside looking in]

You agree to grant to JJR512.com a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to JJR512.com by all means and in any media now known or hereafter developed.

JJR512 unambiguously claims ownership of anything you post, be it prose, ideas, or otherwise. There is no question about it, no room for interpretation.

 

[outside looking in]

BTW, this:

Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted that are not protected by a copyright, patent, or other similar document, shall become, and remain, the property of OTCentral.com.

...was the clearest, most straightforward, and most consistent with the law way of stating this matter. It may sound harsh, but it isn't. By posting on a public forum, you (in some ways) give up rights of ownership anyway. This just clarifies who that ownership is transferred to (in case there was any doubt).

Bah, word it any way you like... I'm not going anywhere because of it.

 

[unclehobart]

Perpetual license is different from outright ownership. It still allows the author to claim it and muck about with it as they see fit. The JJR one is a dual ownership and protection clause. Its two sided... not one.

 

[outside looking in]

Yes, but the effect is still the same.

 

[unclehobart]

Its not.

Analogy:

Think of me as the guy who played the Lone Ranger on tv. Under the old OTC AUP I would be unable to use the name or likeness wherever I went in and about private life or conventions and such. Under JJR rules we would both be able to use the image and likeness in equal fashion. It wouldn't hinder me a bit in earning a living by milking the days of old.

 

[outside looking in]

For one, no matter what the OTC AUP might say, they can't claim ownership of any IP currently protected by patent, copyright, trademark, etc. Second, the sole purpose of obtaining a patent or copyright is to control the licensing, sale, or manufacture of the property in question. If you give JJR equal rights, then you effectively lose the one thing the protection granted you. There is now competition that you didn't have before, and if JJR wanted to make the material free for the public, you would have no recourse.

Of course, that's what the JJR AUP claims anyway. Legally, that wouldn't stand in court. IMO, it's not much difference between owning the IP, and having rights to distribute the IP at will, since ownership is supposed to protect your rights to distribute.

 

[unclehobart]

All I have to do in any case is just declare my PC here as a small business with pre copywrite protections that supercede anything done here... but thats just a bunch of yucky annoying paperwork to have to post a copywrite in my sig.

 

[outside looking in]

lol, that would be a pain!

 

[ris]

scroll, scroll, scroll *bastit sig* scroll scroll