[HP4GU-FAQ] Yahoo...& legal sensitivity

Tandy, Heidi heidi.h.tandy.c92 at alumni.upenn.edu
Tue Aug 22 20:08:21 UTC 2000


It's not a libel issue, it's a copyright infringement issue. And Yahoo, at
least the US version of Yahoo, does NOT own the text of the posts - each
individual poster does. It says so right here:
<<With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant Yahoo the royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in
whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. >> (this is from
their terms of service agreement at http://docs.yahoo.com/info/terms/)

Of course, this means that each individual poster's copyright is being
infringed by the files which bundle all the messages together. 

Penny - would you like to put something in the "Intro" to the club section
which says "If You Join You Grant The Founders the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed." 
Then the founders have the right to bundle all the messages AND can
sublicense the right to bundle all messages.

And what do newsgroups and clubs without an in-house intellectual property
lawyer do?!?!?

> -----Original Message-----
> From: Paul Kippes [mailto:kippesp at yahoo.com]
> Sent: Tuesday, August 22, 2000 4:00 PM
> To: HP4GU-FAQ at egroups.com
> Subject: RE: [HP4GU-FAQ] Yahoo...& legal sensitivity
> 
> 
> Earlier, Penny wasn't sure about the accessability of
> our Yahoo! club.  Anyone can read all the messages. 
> (Incidentally, that made archiving the club MUCH
> easier and faster since no cookies were involved.)
> 
> I'm so much concerned about US libel laws (British
> perhaps) as I am about IP.  We--or rather
> smitster--have, in effect, taken Yahoo! property and
> placed it on another public site.
> 
> 
> --- "Tandy, Heidi"
> <heidi.h.tandy.c92 at alumni.upenn.edu> wrote:
> > Just as an aside, this is one moment when I would
> > *love* to know exactly
> > what Nancy Stouffer's legal people said/.wrote to
> > Jenna, who does that great
> > HP site, to see how close we'll be going to her
> > "touchypoints" with what
> > we're doing. Does anyone know?
> > 
> > -----Original Message-----
> > From: Penny & Bryce Linsenmayer
> > [mailto:linsenma at hic.net]
> > 
> > 
> > Again, I'll defer to Heidi.  But, I'm not sure
> > zoom.com is any more public
> > or any more troublesome than Yahoo in that regard. 
> > People can lurk & read
> > our messages without joining the Club (I *think*). 
> > I hope I'm not speaking
> > out of turn on that point -- I'm fairly certain we
> > have open archives so
> > that people can evaluate whether to join or not (but
> > I could be totally
> > making that up).  But, I'm not sure there's any real
> > cause for concern on
> > those grounds. Plus, I don't honestly think anyone
> > has said anything truly
> > libelous -- nasty (yes), analytical about her claims
> > (yes) & judgmental
> > (yes).  But, libel . . . .well, Heidi can answer
> > better than I. 
> > 
> > 
> > 
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> 
> 
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NOTICE: This e-mail message and any attachment to this e-mail message
contains confidential information that may be legally privileged. If you are
not the intended recipient, you must not review, retransmit, convert to hard
copy, copy, use or disseminate this e-mail or any attachments to it. If you
have received this e-mail in error, please notify us immediately by return
e-mail or by telephone at 954-764-6660 and delete this message. Please note
that if this e-mail message contains a forwarded message or is a reply to a
prior message, some or all of the contents of this message or any
attachments may not have been produced by Ruden, McClosky, Smith, Schuster,
& Russell, P.A.
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