Andrew Kohlsmith wrote:



You will note it said "NONexclusive ... right" -- they're not saying the information belongs to them, they are saying that the information is in the public domain.

Yes, the right is non-exclusive but they claim copyright over the "compilation" (see the copyright statement in the attached file) AIUI that means that should anyone ever want to mirror the wiki elsewhere they would need to either have a license from voip-info.org or seek individual permission from everyone who ever contributed, which would be practically impossible. A creative commons license would avoid such issues.




What worries me most is that the current terms seem crafted so as to
ensure that should the people who run voip-info ever decide to remove
content, or stop hosting the wiki, it couldn't be mirrored anywhere else.


Untrue. Their terms about relinking or republishing are for COMMERCIAL use, unless I'm misreading something here.


As I read it each restriction is separated by a comma, therefore the "reproduce, duplicate, copy" restrictions are separate from the "sell, resell, visit or use for other commercial purposes" restrictions.

The full text of the TOS from:

http://www.voip-info.org/terms_of_service.html

is attached.

regards,

Julien


Terms of Service

 

Welcome to voip-info.org. Arte Marketing Inc, (hereafter referred to as voip-info.org) 
and its affiliates provide their services to you subject to the following conditions. 
If you visit or use our website, you accept these conditions. Please read them 
carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to voip-info.org.

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All content included on this site, including but not limited to: text, graphics, 
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is the exclusive property of voip-info.org and protected by U.S. and international 
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voip-info.org and other marks indicated on our site are registered trademarks of 
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voip-info.org graphics, logos, page headers, button icons, scripts, and service names 
are trademarks or trade dress of voip-info.org. or its subsidiaries. voip-info.org's 
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respective owners.

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voip-info.org grants you a limited license to access and make personal use of this 
site.  This license does not include any resale or commercial use of this site or its 
contents.  Without express written consent of voip-info.org you may not:

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    Reproduce, duplicate, copy, sell, resell, visit or use for other commercial 
purposes this site or any portion thereof.

    Use frames or framing techniques to enclose this site or any portion thereof for 
commercial purposes.

    Use meta tags or other 'hidden text'  utilizing voip-info.org's name or trademarks.

Any unauthorized use terminates the permission or license granted by voip-info.org.

You are granted a limited, revocable, and nonexclusive right to create  hyperlink(s) 
to our pages so long as the link does not portray voip-info.org, its affiliates, or 
their products or services in a false, misleading, derogatory, or otherwise offensive 
matter. You may not use any voip-info.org logo or other proprietary graphic or 
trademark as part of the link without express written permission.

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If you create and/or use an account on this site, you are responsible for all 
activities by this account and agree to keep the account password and other access 
information confidential.

If you are under 18, you may use voip-info.org only with involvement of a parent or 
guardian.

voip-info.org and its affiliates reserve the right to refuse service, terminate 
accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may enter content into various areas of the voip-info.org website, only if 
the content is not illegal, obscene, threatening, defamatory, invasive of privacy, 
infringing of intellectual property rights, or otherwise injurious to third parties 
and does not contain software viruses, political campaigning, commercial solicitation, 
chain letters, mass mailings, or any form of "spam."

You may not misrepresent your identity by using  false e-mail address, impersonating 
another person or entity, or otherwise misrepresenting the origin of  content you 
enter.

voip-info.org reserves the right (but not the obligation) to remove or edit such 
content, but does not regularly review posted content.

When you enter content into any area of this web site, unless stated otherwise, you 
grant voip-info.org and its affiliates a nonexclusive, royalty-free, perpetual, 
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, 
translate, create derivative works from, distribute, and display such content 
throughout the world in any media.

You grant voip-info.org and its affiliates and sublicensees the right but not the 
obligation to use the name that you submit in connection with such content. You 
represent and warrant for content that you post to this website:

        * You own or otherwise control all of the rights to the content.
        * The content is accurate.
        * Use of the content you supply does not violate this policy and will not 
cause injury to any person or entity.
        * You will indemnify voip-info.org or its affiliates for all claims resulting 
from content you supply.

voip-info.org has the right but not the obligation to monitor and edit or remove any 
activity or content. voip-info.org takes no responsibility and assumes no liability 
for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

voip-info.org and its affiliates respect the intellectual property of others. If you 
believe that your work has been copied in a way that constitutes copyright 
infringement, please contact us immediately at: [EMAIL PROTECTED]

OTHER BUSINESSES

voip-info.org contains links to other web sites. voip-info.org assumes no 
responsibility for the policies and practices for these linked sites.
You should carefully review their privacy statements and other terms of service.
Use these links at your own risk.

DISCLAIMER

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY voip-info.org ON AN "AS IS" AND "AS AVAILABLE" BASIS. 
voip-info.org MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, 
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS 
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE 
RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, voip-info.org DISCLAIMS ALL 
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. voip-info.org DOES NOT WARRANT 
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM voip-info.org ARE FREE OF VIRUSES OR 
OTHER HARMFUL COMPONENTS. voip-info.org WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND 
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, 
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR 
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE 
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE 
ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting voip-info.org, you agree that the laws of the state of Hawaii, without 
regard to principles of conflict of laws, will govern these Terms of Service and any 
dispute of any sort that may arise between you and voip-info.org or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to voip-info.org or to products you 
purchase through voip-info.org shall be submitted to confidential arbitration in 
Honolulu, Hawaii except that, to the extent you have in any manner violated or 
threatened to violate voip-info.org's intellectual property rights, voip-info.org may 
seek injunctive or other appropriate relief in any state or federal court in the state 
of Hawaii, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of 
the American Arbitration Association. The arbitrator's award shall be binding and may 
be entered as a judgment in any court of competent jurisdiction. To the fullest extent 
permitted by applicable law, no arbitration under this Agreement shall be joined to an 
arbitration involving any other party subject to this Agreement, whether through class 
arbitration proceedings or otherwise.

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Please review our other policies, such as our Privacy Policy, posted on this site. 
These policies also govern your visit to voip-info.org. We reserve the right to make 
changes to our site, policies, and these Terms of Service at any time. If any of these 
conditions shall be deemed invalid, void, or for any reason unenforceable, that 
condition shall be deemed severable and shall not affect the validity and 
enforceability of any remaining condition.

OUR ADDRESS

    Arte Marketing Inc. 
    P.O. Box 1097 
    Honolulu, HI 96808 
    http://www.voip-info.org

 

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