Wyantry wrote:
I am not wishing to start an argument, but the “Terms and Conditions” of the Hedgehog Forum explicitly state:
”USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.
By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.”
b I am not wishing to start an argument, but the ... (
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As noted before, the site is public facing with no
credential requirements to access any / all the publicly facing content. Everyone from anywhere on the internet, unless locally blocked where such restrictions occur, can anonymously access all the publicly facing content. Even if the restrictions and damages could be applied to a violator, these are US-only restrictions on a website that faces publicly to the entire globe.
Beyond pointing to the absurdity of 'right to use' limitations of a publicly facing website, I believe we'll find these restrictions are more accurately applied to the website operations and underlying source code, rather than the user- / member-posted content, both text and images.
Wyantry wrote:
I am not wishing to start an argument, but the “Terms and Conditions” of the Hedgehog Forum explicitly state:
”USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.
By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.”
b I am not wishing to start an argument, but the ... (
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$100,000 in damages? That would be enough to get an attorney interested.
I think all this dialogue here shows that copyright law is completely unenforceable unless we wish to enforce it on ourselves.
The answer is that it's more a question of manners than law. Every photo you take is copyrighted, it's yours, that is uinderstood. Defending the copyright is another matter entirely ..... it can become EXTREMELY expensive. You are responsible for your actions; so it's really up to you as to how you treat someone elses work. I would suggest that you ask permission to use another persons photo, it's a matter of manners. As I just wrote, there's very little you can do about it if someone uses your photo unless your willing to spend a lot of money.
Wyantry wrote:
I am not wishing to start an argument, but the “Terms and Conditions” of the Hedgehog Forum explicitly state:
”USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website.
By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.”
b I am not wishing to start an argument, but the ... (
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That spells it out pretty clearly. All the material here is proprietary to the website. So, if it’s theirs, what can they do with it? 😉
gvarner wrote:
I think all this dialogue here shows that copyright law is completely unenforceable unless we wish to enforce it on ourselves.
You mean by morals, scruples, and honor?
I'm very concerned about some of the people on this forum who seem to think it's alright to steal someone else's work. I wonder what those people think about shoplifting. Is it OK to steal a saw from ACE Hardware if you're only going to use it for your own pleasure? You have no intention of selling it or even using it to make $$. That would sort of be the same thing. And is it OK to steal someone's image because you know you won't be caught? Since when does the likelihood of getting caught define right and wrong?
AzPicLady wrote:
I'm very concerned about some of the people on this forum who seem to think it's alright to steal someone else's work. I wonder what those people think about shoplifting. Is it OK to steal a saw from ACE Hardware if you're only going to use it for your own pleasure? You have no intention of selling it or even using it to make $$. That would sort of be the same thing. And is it OK to steal someone's image because you know you won't be caught? Since when does the likelihood of getting caught define right and wrong?
I'm very concerned about some of the people on thi... (
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If you walked down the street tomorrow and found a $10 bill laying on the sidewalk, is it 'right' to pick it up? Is it 'stealing'? Say you look around and see no one in either direction you might offer the bill to, does that change either question?
'People on this forum' implies everyone is a named participant. This is entirely false. The
www.uglyhedgehog.com site faces publicly, with no requirement -- ZERO, Nil, None -- of anyone browsing the site to register or otherwise identify themselves, even with a made up name / IP address / email / etc.
Anyone concerned about their work posted to this site being taken (saved, reused, re-edited, sold for profit, etc), well, those people should not be posting their work to this site, especially not by storing the file attachment.
Expecting the anonymous worldwide internet to walk by a $10 bill laying on the public street (your fully edited, full resolution, unwatermarked, UHH file attachment) and not pick up that bill, well you're ignoring reality, both of human behavior and the absence of any actual 'protections' by UHH.
So, if I keep looking back to a photo in the forum that I like...that's ok? But, it's stealing if I use it as my desktop, so that I see it more often? I don't think so. Sorry, AzPicLady I don't see any correlation between this situation and stealing a saw from ACE hardware. Apples and oranges in my book. And I'm with you Paul, that $10 bill would go right into my pocket if I couldn't find who it belonged to.
Ava'sPapa wrote:
So, if I keep looking back to a photo in the forum that I like...that's ok? But, it's stealing if I use it as my desktop, so that I see it more often? I don't think so. ...
But you took it from him, didn't you. a copy for yourself, which you are now in possession of.
But that's fine, he won't miss it.......
I suppose it would be okay for me to use your avatar,
I mean it's posted on the web, so it's okay to use, right?
It would be my own personal use.
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