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 -- http://www.lastsyllable.net This is not the sig you're looking for.
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