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Sench
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 Posted: Wed May 27, 2009 10:11 pm Post subject: Copyright holder? |
 
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Forum url: http://narutorpcenter.myfastforum.org/index.php
Well, the issue I want to address has not yet appeared per se, but it is a serious subject to me. The question is, who is considered to be the copyright holder of some material posted on a forum: the original poster, or the owner of the forum? The reason I'm asking is because until recently, I used to be a member and an admin on that forum, however, I no longer am.
MY initial agreement with THE OWNER when joining the staff was pretty basic: he owns whatever I make for his forum, as long as I remain a member of it. But after a certain "conflict of interest", I have decided that I no longer wish to be a part of this forum and requested from the owner that my work be removed from the forum, in accordance with the agreement. However, I was denied this request. Not wanting to create a big legal fuss of it, I asked a friend on the staff to edit those posts to blank, which they did.
The topics in question were:
- some custom creations for the role play:
http://narutorpcenter.myfastforum.org/about2618.html
http://narutorpcenter.myfastforum.org/about3174.html
http://narutorpcenter.myfastforum.org/about7049.html
http://narutorpcenter.myfastforum.org/about8802.html
http://narutorpcenter.myfastforum.org/about10996.html
http://narutorpcenter.myfastforum.org/about8526.html
http://narutorpcenter.myfastforum.org/about6461.html
http://narutorpcenter.myfastforum.org/about5255.html
- a number of role play systems, basically everything that was posted by me in the following board, and the posts that were not made by me, but the contents of which were entirely re-done by me in the process of improving the forum:
http://narutorpcenter.myfastforum.org/forum1.php
Now for the actual issue. I don't want that forum using my work anymore, which I should have the right to refuse from the agreement with the owner long ago. But this thread concerns me:
http://narutorpcenter.myfastforum.org/about11223.html
Specifically the post from one of the members who said they had my work saved on their computer. In a MSN conversation with the same person, they confirmed that. I believe they are not the only one. A good example:
http://narutorpcenter.myfastforum.org/about11238.html
Another member had already "fixed" the lack of techniques. The following three topics, at present time, have contents different from what I made, but I believe it's only a question of time:
http://narutorpcenter.myfastforum.org/about8981.html
http://narutorpcenter.myfastforum.org/about8983.html
http://narutorpcenter.myfastforum.org/about8982.html
Unfortunately, the only proof I have, is the profiles of various characters around the forum, that should contain pieces of my work, and the following topic:
http://narutorpcenter.myfastforum.org/about11223.html
Which not very clearly but states through various members that I deleted only what I made. In either case, I don't want that forum using my work anymore
The other sections of the forum containing pieces of my work should be considered proof, because that text was taken from somewhere (the library board) and already existed before the posts with it in the library. For example:
http://narutorpcenter.myfastforum.org/about10828.html
A request for a special ability that can be found here:
http://narutorpcenter.myfastforum.org/about11238.html
But the request topic was made severely before that (as obvious by the topic number as well)
Another example:
http://narutorpcenter.myfastforum.org/about11158.php - notice the severe difference between this piece of text, present in the spoiler under "Chidori Techniques":
| Quote: | Name: Chidori - Thousand Birds
Type: Ninjutsu (K)
Rank: A
Requirements: None
Description: A very powerful lightning technique with a very basic idea behind it. The user gathers a large amount of chakra into their hand and applies lightning nature manipulation to it. The result is a concentrated mass of chakra and electricity. The attack part of the jutsu is also very simple: the shinobi runs towards their target at full speed and thrusts the Chidori at them. Although simple, this technique can pierce through almost anything. |
http://narutorpcenter.myfastforum.org/about8981.html - and the one present in the library for this name:
| Quote: | Chidori [One Thousand Birds]
Rank: B (Kinjutsu)
Requirements: Must Be Inherited
Description: A ninjutsu technique where the ninja using it grabs their wrist, and then collects enough chakra into their hand that it becomes visible to mere human eyes. With enough chakra collected into one focal point, it becomes powerful enough to destroy an entire cliff side. This technique is truly devastating and is nearly impossible to completely either dodge or block since if not directly hit by the attack itself, the target would at least be injured by the resulting blast radius. Because of the high concentration of chakra, and the speed involved, this simple thrusting attack is able to pierce almost any defense. |
Other similar examples can be found all over the forum now
Anyway, as I already stated, I don't want that forum using my work anymore. And I was wondering if there was some way that could be enforced since I already received a negative reply from the owner, despite our initial agreement.
P.S. Also, is there some way to prevent other people from copying my posts from the forum without creating excessive and unnecessary things like a flash player window and images of text?
Last edited by Sench on Wed May 27, 2009 10:17 pm; edited 1 time in total
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| Posted: Wed May 27, 2009 10:15 pm Post subject: |
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By posting on a forum you give consent for that material to be published on that forum. This is a different matter to copyright that you continue to hold on your posts. e.g. if someone wants to use them elsewhere it is your consent that matters, but the forum where you posted them has every right to retain them on the forum.
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Sench
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| Posted: Wed May 27, 2009 10:19 pm Post subject: |
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Even if my agreement with the owner was entirely different?
Well, that sucks
But thank you anyway for the fast reply
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| Posted: Wed May 27, 2009 10:27 pm Post subject: |
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I can't comment on the agreement as it sounds muddled to say the least, you can't really give up ownership and then gain it again, which is what you imply by saying the forum owner owned your stuff whilst you were a member.
The issues inherent to a forum with any other agreement are those of copyright (retained by the poster) and right of user (given to the owner).
Any agreements you have above and beyond that, are between you and the forum owner and do sound way too vague to have legal standing.
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Lavathing9
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| Posted: Thu May 28, 2009 1:26 am Post subject: |
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First off, this is a rouge admin who decided to delete most of the forum out of rage. Plus I explicitly state at the bottom of the forum that all content of the forum which is posted is under the ownership of myself. You agreed to this the second you posted. The agreement is in the overall_footer, clearly visible on all pages of the forum. Also, I never received a message regarding the deletion of his posts due to his quitting of the forum.
Naruto RP Center: http://narutorpcenter.com |
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| Posted: Thu May 28, 2009 6:14 am Post subject: |
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Such a claim of "ownership" is unlikely to be legally valid. Many powerful groups have tried "you post it, and we own it" and never got away with it despite having the clause visible somewhere.
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Sench
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| Posted: Thu Jun 11, 2009 9:10 pm Post subject: |
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| Lavathing9 wrote: | | First off, this is a rouge admin who decided to delete most of the forum out of rage. Plus I explicitly state at the bottom of the forum that all content of the forum which is posted is under the ownership of myself. You agreed to this the second you posted. The agreement is in the overall_footer, clearly visible on all pages of the forum. Also, I never received a message regarding the deletion of his posts due to his quitting of the forum. |
Please don't lie. I did not have most of the forum deleted, but only some of my posts, ones that I did not want used there anymore. And you did receive such a message, of course, there is the chance you didn't even read it like so many others. Also, no, you do not state that. "Forum Topics and Posts Are Copyrighted and Protected by a Creative Commons License", and that does not mean it belongs to you. On the CC page itself, it says, I quote:
| Quote: |
You are free:
to Share — to copy, distribute and transmit the work
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No issues here
| Quote: |
Under the following conditions:
Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
Noncommercial — You may not use this work for commercial purposes.
No Derivative Works — You may not alter, transform, or build upon this work.
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My work is not being attributed and you are altering and building upon my work. Seriously, just copying my posts and having Ballian re-post them does not change the fact that it is my work, but adds plagiarism to it. Proof? That's easy. The posts that weren't removed altogether, were edited to "blank":
http://narutorpcenter.myfastforum.org/Noffing_about10347.html
http://narutorpcenter.myfastforum.org/Noffing__about11110.html
http://narutorpcenter.myfastforum.org/noffing__about7171.html
http://narutorpcenter.myfastforum.org/Noffing_about9741.html
http://narutorpcenter.myfastforum.org/Noffing_about6300.html
And all his posts in the library just "magically" happened to be posted on the 28th of May, the day this particular topic was created. However, once again, it is easy to see that the material in those posts existed for a while before that time
| Quote: |
With the understanding that:
Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
Other Rights — In no way are any of the following rights affected by the license:
o Your fair dealing or fair use rights;
o The author's moral rights;
o Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
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Again, you didn't get permission from me, the author, to "waiver", and I believe my moral rights are being violated, because I strongly disagree with my work being used by you. So your CC license actually prohibits you from doing what you are doing. Link: http://creativecommons.org/licenses/by-nc-nd/3.0/us/
I wonder, did you realize that by mentioning the copyrights, you pretty much confirmed that you refused to delete my work and now there's no lying about that?
In any case. I would like my work, which now exists in the "Library" board under the name of "Ballian", removed from that site. Although it extends beyond that, with pretty much that whole board being included, because I would often edit someone's else post when remaking a system, I will be content with just the part they're plagiarizing.
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