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  • 04-09-2010, 01:49 PM
    Marvin
    Content Posted on a Public Forum
    My question is in regards to the copyright of something posted on a forum. On a clan forum there was a person that had left the clan. In his time in the clan he had posted several topics that were pinned throughout the forum that contained a lot of useful information in regards to the clan. Someone else (that is currently in the clan) decided to take the information from the posts, delete them, and repost edited versions in his name.

    This prompted the original poster of the site to report the incident as copyright infringement (No credit was issued the original creator of the posts in the edited version). The website was shut down by the server host and was eventually recovered after deliberations with the server host.

    The information that was posted is very useful and should, if at all possible, remain on the forums. Considering that the original poster of the content is now regarded by the clan as someone they do not want to be associated with, what can be done in terms of posting the information?

    Does the poster have to give credit to the original poster? Is there a copyright infringement if he chooses not to? And most importantly: Is there a disclaimer that can be added to the forums that say something along the lines of "All content posted on the forums is void of any copyright. It belongs to the [Clan] and the [Clan] reservers the right to use the content in any way it sees fit"?

    Thanks in advance for any information on the subject!
  • 04-09-2010, 03:37 PM
    LawResearcherMissy
    Re: Content Posted on a Public Forum
    What were the terms of service when this member registered for the forum in question?

    Look at the TOS for this forum:

    Quote:

    By posting content or making content available for inclusion on the ExpertLaw forums, including without limitation threads and comments you post to the forum, you grant ExpertLaw and its proprietors a world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display, and to incorporate such content into other works in any format or medium now known or later developed.
    In other words, "once you post it here, it belongs to us". That should have already been in the TOS. If it wasn't, you may still have difficulties with the host.
  • 04-09-2010, 03:45 PM
    Marvin
    Re: Content Posted on a Public Forum
    The agreement reads as follows. The bolded part is what seemed most similar to the TOS for this forum.

    Quote:

    By accessing “Clan” (hereinafter “we”, “us”, “our”, “Clan”, “url”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “Clan”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “Clan” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

    Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

    You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “Clan” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “Clan” 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. While this information will not be disclosed to any third party without your consent, neither “Clan” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
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