New TOS

[VS Admin]

May 1, 2010 18:56:36 GMT -8 SpiderMike™ said:

May 1, 2010 18:51:28 GMT -8 VS Admin said:

There is always fair use, and if you under the law are allowed to use an image, then go for it.

Is this kind of along the same lines as someone that says "I live outside the US where those laws aren't applicable" or "the laws are a little different in this country"

I've seen those two excuses used a few times regarding use of copyrighted material, piracy etc etc. In some parts of the country the laws aren't so...strict, therefore are open to interpretation.

Or is it a case of 'we have joined a US hosted provider and must adhere to the laws in that country'?

ProBoards is a US corporation and subject to US law. What laws you are subject to is not a question we can answer for you. However, you are responsible for following our Terms of Service when using our site.

May 1, 2010 18:57:49 GMT -8 HDrulz said:

I don't know if you recall a situation from about a month ago when a thread deleted from my forum when the copyright holder complained about her property being 'stolen.' These images were obtained as described in my post above--freely, publically, easily, etc. They were not being used for profit, nor was someone else claiming credit.

I don't mean to resurrect a settled 'dispute' or question your/ProBoard's decision in the matter; I just want to question the legality of similar issues should another situation like that arise in the future. And like a poster before me said, using Web-obtained images for illustrations is extremely commonplace.

Thanks for your and ProBoard's opinion on the matter.

ProBoards is not in a position to determine whether or not you are authorized to use any particular image or work. If a copyright holder comes to us claiming to own a work, we will take it down. If this claim is made in the form of a DMCA Takedown notice, we will inform you of such takedown and you can file a counter claim if their claim was wrongfully made.

Patrick

[Storm]

Now that ProBoards is allowing non English forums, how are ProBoards admins going to monitor the content of said non English forums to make certain they are complying with the new tos?

Also, will former boards that were deleted for not being in English be allowed to ask to reinstate their forums due to the new ruling on allowing non English?

[VS Admin]

May 1, 2010 19:13:42 GMT -8 Storm said:

Now that ProBoards is allowing non English forums, how are ProBoards admins going to monitor the content of said non English forums to make certain they are complying with the new tos?

Also, will former boards that were deleted for not being in English be allowed to ask to reinstate their forums due to the new ruling on allowing non English?

Hi Storm,

It is up to the forum admins themselves to decide what they allow. They need to ensure that they themselves are in compliance with the TOS.

As for forums removed in the past for violating our foreign language rule, we can not restore those.

Patrick

[Storm]

May 1, 2010 19:15:46 GMT -8 VS Admin said:

May 1, 2010 19:13:42 GMT -8 Storm said:

Now that ProBoards is allowing non English forums, how are ProBoards admins going to monitor the content of said non English forums to make certain they are complying with the new tos?

Also, will former boards that were deleted for not being in English be allowed to ask to reinstate their forums due to the new ruling on allowing non English?

Hi Storm,

It is up to the forum admins themselves to decide what they allow. They need to ensure that they themselves are in compliance with the TOS.

As for forums removed in the past for violating our foreign language rule, we can not restore those.

Patrick

Thank you for the clarification on that. I'm mostly curious how things will be handled in support with people that may come back to ask for their former forums to be restored that may not fully understand the new rules and such. (due to the language barriers)

[hogsmacker]

is mostly crap, especially section 15 of it.

15. USER CONTENT

"User Content" is any content, materials or information, not including Personal Information (as defined in ProBoards' Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT THE PROBOARDS PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE PROBOARDS PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE PROBOARDS PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.

So, the government procedures i write - you´re allowed to take this out of the public domain and sell it? I´m not in agreement with that. The reason i posted this information is so it would be free, reliable, and up to date. If this content is ‘‘sublicensable’’, that goes entirely against the intentions of its original distribution.

[Shrike]

A Staff member should give confirmation on what I'm saying but...

If you disagree with the new TOS then you should stop using Proboards. If you want to keep something in the public domain then you shouldn't post it on a site where you agree to let them use it in the ways described in the TOS.

[hogsmacker]

You sure are stupid.

That´s cool. I can just stop using this ‘‘service’’ and that much more knowledge will disappear from the public domain.

Thanks ProBoards!

[Joshua Farrell]

May 2, 2010 9:01:23 GMT -8 hogsmacker said:

You sure are stupid.

That´s cool. I can just stop using this ‘‘service’’ and that much more knowledge will disappear from the public domain.

Thanks ProBoards!

Just to tell you, whatever is posted, ends up being linked to in search engines, so it is public domain, just as it states.

[hogsmacker]

It´s not public domain if it is ‘‘sublicensable’’ by ProBoards. It can be removed from the public domain, changed, sold, etc. as they see fit.

[Joshua Farrell]

May 2, 2010 9:15:58 GMT -8 hogsmacker said:

It´s not public domain if it is ‘‘sublicensable’’ by ProBoards. It can be removed from the public domain, changed, sold, etc. as they see fit.

Then you obviously just joined up at Proboards. Proboards doesnt sell information that has been posted on forums.

[hogsmacker]

Perhaps not in the past. However, with this clause, it is possible. I do not support the content I spend time compiling, translating, and distributing to be ‘‘sublicensed’’ to anyone.

[cisleader]

May 2, 2010 9:23:28 GMT -8 hogsmacker said:

Perhaps not in the past. However, with this clause, it is possible. I do not support the content I spend time compiling, translating, and distributing to be ‘‘sublicensed’’ to anyone.

ProBoards is a professional, safe company. They are not going to sell your info just because they need pocket money.

[hogsmacker]

Right. Then why is the right to do so included in the new ToS?

[cisleader]

I think I have a possible answer to that, but for obvious reasons, I'll keep it to myself and just let an Admin finish this.

But please, understand that just because ProBoards has the power, doesn't mean they'll use it. (Unless some extreme situation was too occur?)

[Shrike]

"hogsmacker" may find this post by Patrick useful. The emphasis is mine.

May 2, 2010 9:28:38 GMT -8 VS Admin said:

May 2, 2010 4:18:07 GMT -8 @tercielsilvi said:

I think this is as good a place as any to ask my one question about the new ToS:

My interpretation of section 15 (User Content) seems to suggest that all posts become property of Proboards to do what they wish, and that we have to waive all rights to out posts? It also seems to suggest that Proboards may give information about me in connection with my posts when they want?

Have I understood this correctly?

It is not our property - you are giving us the right to publish it. When you post a message to a board and we display it, that is "publishing." You still own the rights to your post, but you are authorizing us to use that post in conjunction with our Service.