Member wants deleting

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Zhadum
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Re: Member wants deleting

Post by Zhadum » Thu Sep 03, 2009 6:29 am

I would not have deleted the user or the posts...

Intelectual property rights says the information belongs to them BUT the registration agreement that EVERYONE clicks I agree to when they register says

"You agree that “” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database."

That is part of the last paragraph. If they registered they clicked yes. So you do not have to delete their posts or user name. Therefor if they register I can DELETE, EDIT, OR MOVE their post content as I see fit. This means they relinquished those rights as well as agreed to storage in the database.

If the user persisted just tell them they are welcome to spend money on an attourney.
The Gaming Lich,

Zhadum

narqelion
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Re: Member wants deleting

Post by narqelion » Thu Sep 03, 2009 12:52 pm

Zhadum wrote:This means they relinquished those rights as well as agreed to storage in the database.
No it doesn't. I have been through this specific legal issue here in the U.S. and was required to remove posts from a board per the instructions of the board owners attorney, hence my advice is from actual personal experience, not supposition. ;) Regardless the OP's question was answered to their satisfaction days ago. :)

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Re: Member wants deleting

Post by Pony99CA » Thu Sep 03, 2009 1:36 pm

narqelion wrote:
Zhadum wrote:This means they relinquished those rights as well as agreed to storage in the database.
No it doesn't. I have been through this specific legal issue here in the U.S. and was required to remove posts from a board per the instructions of the board owners attorney, hence my advice is from actual personal experience, not supposition. ;)
Yuck. I feel sorry for you having to deal with that. Maybe the phpBB default TOS should be changed to say that anybody posting grants a non-exclusive, irrevocable license (with appropriate legalese, of course) to the material just to avoid people like that.

Even better, make the copyright notice a separate language element that gets displayed on the TOS page after the TOS and add an ACP function that allows turning that on or off depending on the board's specific needs.

Steve
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Re: Member wants deleting

Post by Kim_Possible » Thu Sep 03, 2009 2:39 pm

Pony99CA wrote:Even better, make the copyright notice a separate language element that gets displayed on the TOS page after the TOS and add an ACP function that allows turning that on or off depending on the board's specific needs.
I wrote a little MOD that requires users to "re-agree" to the ToS before they can begin posting again (thus flagging them in the database as having agreed to the new ToS). It's handy for when you need to make changes to the terms.

I may try to dig that up and submit it to the MOD db at some point.

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Re: Member wants deleting

Post by Pony99CA » Thu Sep 03, 2009 9:12 pm

Kim_Possible wrote:
Pony99CA wrote:Even better, make the copyright notice a separate language element that gets displayed on the TOS page after the TOS and add an ACP function that allows turning that on or off depending on the board's specific needs.
I wrote a little MOD that requires users to "re-agree" to the ToS before they can begin posting again (thus flagging them in the database as having agreed to the new ToS). It's handy for when you need to make changes to the terms.
That's a great idea. I hate when a TOS says something basically like "If we change our TOS, it's up to you to catch the changes by looking here."

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Re: Member wants deleting

Post by Kim_Possible » Thu Sep 03, 2009 9:40 pm

I found the MOD, and it was awful. :oops: Needs to be rewritten from scratch. When I deployed it, the forum only had about 50 really active posters (1000-1500 posts a week), so I didn't put much thought into it.

Off the top of my head, I think the proper method would be to create a new user_inactive_reason held the user table to check at login. All users get assigned the new user_inactive_reason when the ToS is changed, their account gets deactivated, and when they try to login, instead of getting the "your account has been deactivated" they get sent to the new ToS with an "A agree" submit box (which will then restore their user_inactive_reason to 0).

I doubt I'll have the time to cook something like that up, so . . .

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Re: Member wants deleting

Post by Dog Cow » Thu Sep 03, 2009 11:08 pm

Pony99CA wrote:
Kim_Possible wrote:
Pony99CA wrote:Even better, make the copyright notice a separate language element that gets displayed on the TOS page after the TOS and add an ACP function that allows turning that on or off depending on the board's specific needs.
I wrote a little MOD that requires users to "re-agree" to the ToS before they can begin posting again (thus flagging them in the database as having agreed to the new ToS). It's handy for when you need to make changes to the terms.
That's a great idea. I hate when a TOS says something basically like "If we change our TOS, it's up to you to catch the changes by looking here."

Steve
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noth
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Re: Member wants deleting

Post by noth » Sun Sep 06, 2009 7:39 am

per the instructions of the board owners attorney, hence my advice is from actual personal experience, not supposition.
it still wasn't DECIDED by a court of law though was it?

an attorney argues their case IN COURT

they don't decide law
Regardless the OP's question was answered to their satisfaction days ago.
oh right
should have checked with you first before we continue this discussion

so - is it alright with YOU if this thread carries on :? STREWTH!!

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Re: Member wants deleting

Post by narqelion » Sun Sep 06, 2009 10:53 pm

noth wrote:it still wasn't DECIDED by a court of law though was it?
Yes, several. Case law. It is what is known here in the U.S. as precedent.
noth wrote:an attorney argues their case IN COURT
Only if there was some dispute as to the interpretation of the law, it's actually pretty hard to fight precedent of a large body of case law. A very small percentage of attorneys actually appear in court, another huge (and less glamorous) part of their role is to advise clients of their legal rights and obligations. In this case, the board owners attorney advised them of their legal rights pertaining to the user posted content, the fact that they didn't have any. :P There was really no gray area there, copyright is pretty clear when it comes to creative works. :)

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Re: Member wants deleting

Post by Zhadum » Tue Sep 08, 2009 6:28 am

narqelion wrote:
noth wrote:it still wasn't DECIDED by a court of law though was it?
Yes, several. Case law. It is what is known here in the U.S. as precedent.
noth wrote:an attorney argues their case IN COURT
Only if there was some dispute as to the interpretation of the law, it's actually pretty hard to fight precedent of a large body of case law. A very small percentage of attorneys actually appear in court, another huge (and less glamorous) part of their role is to advise clients of their legal rights and obligations. In this case, the board owners attorney advised them of their legal rights pertaining to the user posted content, the fact that they didn't have any. :P There was really no gray area there, copyright is pretty clear when it comes to creative works. :)
I really wonder why they want this done are they entering witness protection or something.

Anyway if you really want to be mean do the following....

Port the board to an international server and delete the one that is US based. Then you say "That database backup was done before the outcome of the court case. I have no control over a forum hosted in Mexico." Just make sure you set someone else up as the admin and you are good.
The Gaming Lich,

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Re: Member wants deleting

Post by Pony99CA » Wed Sep 09, 2009 8:20 am

Zhadum wrote:Anyway if you really want to be mean do the following....

Port the board to an international server and delete the one that is US based. Then you say "That database backup was done before the outcome of the court case. I have no control over a forum hosted in Mexico." Just make sure you set someone else up as the admin and you are good.
Good idea. And, when getting a divorce, move your assets to an off-shore bank account. I'm sure the judge will understand. :roll:

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Re: Member wants deleting

Post by Pony99CA » Sat Sep 19, 2009 4:52 pm

Reviving this thread for new information....
Kim_Possible wrote:I found the MOD, and it was awful. :oops: Needs to be rewritten from scratch. When I deployed it, the forum only had about 50 really active posters (1000-1500 posts a week), so I didn't put much thought into it.

[...]

I doubt I'll have the time to cook something like that up, so . . .
That's OK -- check out the Accept Terms MOD.

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Re: Member wants deleting

Post by Kim_Possible » Sat Sep 19, 2009 6:35 pm

That's not a bad little MOD. Better than my first effort for sure. :) Thanks.

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Re: Member wants deleting

Post by Roberdin » Sat Sep 19, 2009 6:49 pm

Zhadum wrote:Anyway if you really want to be mean do the following....

Port the board to an international server and delete the one that is US based. Then you say "That database backup was done before the outcome of the court case. I have no control over a forum hosted in Mexico." Just make sure you set someone else up as the admin and you are good.
If you have any way of controlling the board, you will have to use that to comply with the court. Furthermore, the court could hold you in contempt for pre-empting its judgement. The US legal system has a history of ignoring international boundaries in applying its law.
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Re: Member wants deleting

Post by Linda Carter » Sat Sep 19, 2009 10:28 pm

Imagine if everyone starts to ask the same thing all over... :|

Why do we have to comply with those requests?

I would suggest you to use the soft delete MOD/function, which makes the posts invisible to all members, but you, the admin. See my MOD request here:
http://www.phpbb.com/community/viewtopi ... &t=1471615

But since the guy wants to control even what other users are quoting, let him try force you to do that. 8-)

This matter was also addressed here: 8-)
http://www.phpbb.com/community/viewtopi ... &t=1674175

A better idea would be to let the guy edits or even remove his messages for a specific period of time (remember that on some scripts, when the guy deletes his messages, that messages are still there, but invisible to him, it's a soft (not physical) delete). After that period is over, he can't edit anything without requesting someone from the staff, which may refuse to do that.

I would also use a MOD to wipe out all the IP logs from that user and his account (only the account, not the posts) if he doesn't log for at least 1 year or more. If he is concerned about identifiable information, the IP logs are the only thing in the world that can say they came from that person (or computer/address where he is located), from that ISP subscriber in that day/hour/month/year, but only if the logs are requested (by the courts for example, when investigating a crime) and there's more, IF (a big IF) the ISP is doing data retention (and even if that's the case, the information might be gone when asked due to the delay).
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