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.Zhadum wrote:This means they relinquished those rights as well as agreed to storage in the database.
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.narqelion wrote: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.Zhadum wrote:This means they relinquished those rights as well as agreed to storage in the database.
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.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.
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."Kim_Possible wrote: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.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.
Me too, so whenever I make a change to mine, or the Privacy policy, I always post an announcement ahead of time.Pony99CA wrote: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."Kim_Possible wrote: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.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.
Steve
it still wasn't DECIDED by a court of law though was it?per the instructions of the board owners attorney, hence my advice is from actual personal experience, not supposition.
oh rightRegardless the OP's question was answered to their satisfaction days ago.
Yes, several. Case law. It is what is known here in the U.S. as precedent.noth wrote:it still wasn't DECIDED by a court of law though was it?
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. There was really no gray area there, copyright is pretty clear when it comes to creative works.noth wrote:an attorney argues their case IN COURT
I really wonder why they want this done are they entering witness protection or something.narqelion wrote:Yes, several. Case law. It is what is known here in the U.S. as precedent.noth wrote:it still wasn't DECIDED by a court of law though was it?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. There was really no gray area there, copyright is pretty clear when it comes to creative works.noth wrote:an attorney argues their case IN COURT
Good idea. And, when getting a divorce, move your assets to an off-shore bank account. I'm sure the judge will understand.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.
That's OK -- check out the Accept Terms MOD.Kim_Possible wrote:I found the MOD, and it was awful. 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 . . .
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.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.