Ivan the Elder
Silver Member
In the "Legal Policy... Terms of use" for myptsd it states:
"Once you post it (text only), it belongs forever and becomes copyright MyPTSD."
While this appears to transfer copyright to myptsd this will not hold in court. For it to hold it isn't sufficient to simply press a "post" button. It must include an agreement to not just post but to also agree to the terms of use including transfer of copyright each time something is posted. This site does not do that for text material.
In the case "Metropolitan Regional Info. Sys. v. American Home Realty Network, 722 F. 3d 591 (4th Cir. 2013)" it was held specifically that "we therefore hold that an electronic agreement may effect a valid transfer of copyright interests."
The issue here and on almost all forums is that simply pressing the "post" button does not constitute an "electronic agreement". In effect, the person doing the transfer can certainly do so via electronic means on a web site or any other electronic method but for it to hold that agreement must be presented for agreement every time that a transfer of copyright is to take place. It must be spelled out for agreement to take place. Doing otherwise would be very similar to Microsoft saying something to the effect that "Since you made a license agreement when you installed Windows that means no matter what or when you install anything else from us the same conditions will always apply even if we never again show it to you".
Not good enough. If for any reason a question about who owns written copyright on this or any other forum with similar terms and conditions it won't hold for items that don't even exist when the agreement was made. Transfer of copyright must be made at the time the transfer takes place.
I point out that this is an area where I have done actual legal work. I run multiple web sites and this very issue is of importance to me and customers of mine. The wording and operation of law is exceedingly dependent on the precise wording and logic of the actual law and legal terms. The good lawyers are the ones with an intuitive understanding of logic, the same as computer programmers. While I am not a lawyer I have been programming for 52 years.
I should also point out that the simple ability to edit a post throws the copyright claim out the window immediately. Allowing you to edit the post automatically grants you ownership of the post. I can change it or even make it go away. Obviously it is mine. Also, it would be foolish to in some way enforce such copyright ownership. Then the web site owners would be fully responsible for any act of libel, not a healthy way to run a forum. It is also for that very reason that transfer of forum text copyright must be made clear with agreement made in every case it happens. That was fought in court by forum operators so that forum operators would not be held responsible for libellous postings.
"Once you post it (text only), it belongs forever and becomes copyright MyPTSD."
While this appears to transfer copyright to myptsd this will not hold in court. For it to hold it isn't sufficient to simply press a "post" button. It must include an agreement to not just post but to also agree to the terms of use including transfer of copyright each time something is posted. This site does not do that for text material.
In the case "Metropolitan Regional Info. Sys. v. American Home Realty Network, 722 F. 3d 591 (4th Cir. 2013)" it was held specifically that "we therefore hold that an electronic agreement may effect a valid transfer of copyright interests."
The issue here and on almost all forums is that simply pressing the "post" button does not constitute an "electronic agreement". In effect, the person doing the transfer can certainly do so via electronic means on a web site or any other electronic method but for it to hold that agreement must be presented for agreement every time that a transfer of copyright is to take place. It must be spelled out for agreement to take place. Doing otherwise would be very similar to Microsoft saying something to the effect that "Since you made a license agreement when you installed Windows that means no matter what or when you install anything else from us the same conditions will always apply even if we never again show it to you".
Not good enough. If for any reason a question about who owns written copyright on this or any other forum with similar terms and conditions it won't hold for items that don't even exist when the agreement was made. Transfer of copyright must be made at the time the transfer takes place.
I point out that this is an area where I have done actual legal work. I run multiple web sites and this very issue is of importance to me and customers of mine. The wording and operation of law is exceedingly dependent on the precise wording and logic of the actual law and legal terms. The good lawyers are the ones with an intuitive understanding of logic, the same as computer programmers. While I am not a lawyer I have been programming for 52 years.
I should also point out that the simple ability to edit a post throws the copyright claim out the window immediately. Allowing you to edit the post automatically grants you ownership of the post. I can change it or even make it go away. Obviously it is mine. Also, it would be foolish to in some way enforce such copyright ownership. Then the web site owners would be fully responsible for any act of libel, not a healthy way to run a forum. It is also for that very reason that transfer of forum text copyright must be made clear with agreement made in every case it happens. That was fought in court by forum operators so that forum operators would not be held responsible for libellous postings.