On Tue, Jan 6, 2009 at 9:06 PM, John Klein <[email protected]> wrote:

> On Tue, 6 Jan 2009, Denise Paolucci wrote:
>
> @> We're still working out the legal issues surrounding copyright,
> @> control-of-content, and implicit licensing, which is what the
> @> potential sticking point for import of comments happens to be. (In
> @> other words: *you* can give us permission to import *your* content
> @> from LJ, because you're the owner of that content; you might not be
> @> able to give us permission to import *someone else's* content, aka
> @> their comments.) I, personally, am of the opinion that there's enough
> @> implied license in submitting a comment to someone else's journal
> @> that it shouldn't be a large liability, AS LONG AS we retain the
> @> ability for the 'owner' of the content to still have the same level
> @> of control/manipulation that they had over the content on LJ.
>
> The other step to take here might be to ensure that the import tool has a
> legal disclaimer saying, basically, that if you use the tool to import
> other people's comments, it's your responsibility to make sure they're
> okay with you doing that. That onus shouldn't really be on the OSP.
>

I don't know if any one LJer could reasonably be expected to track down the
hundreds (in some cases, thousands) of people who've ever commented on their
journals and be all "Hey, do you mind if I upload your one comment from
September 2004?" It's not a matter of going to the people on your existing
flist, who may or may not respond anyway. It involves comments from people
who may not have logged into their LJ in years, from people who've deleted
their journals, from people who may even be dead. They don't lose copyright
just because you can't contact them.

And prospective new users would probably take one look at that requirement,
be overwhelmed at the idea of having to track down (and get responses from)
however many people over the life of their journal, and walk away.

I like the OpenID compatibility, because as long as a commenter has access
to the LJ account with which they made the comment, they still have control
over it. Should that commenter have a problem, they don't have to come
badger the journal owner about deleting it, or raise hell if the journal
owner chooses not to.

To Denise et al.: What about comments from deleted journals? Have the legal
waters been tested about copyright on anything like those?

~ Rachel

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