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

[Penny & Bryce Linsenmayer]

Hi --

Heidi -- now I'm wondering if we couldn't make the language to go into
the Club FAQs less "scary" & less broad.  We really only need a license
to house the posts off-site in archives, right?  Is there anything else
we need in the forseeable future.  If not -- why don't we use the
following language (which will be less likely to rouse questions &
protests & the like):

"If you post to this Club, you also grant the Founders the royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right and
license to use, reproduce, adapt, publish, and display such Content (in
whole or part) worldwideand/or to incorporate such Content in other
works in any form, media, or technology now known or later developed.
At this time, the Founders only intend to use the Content of your posts
in archiving prior Club messages at a back-up website and in creating
Club FAQs."

Now that I've re-worked that a bit -- I found I couldn't eliminate too
much (the lawyer in me kept saying "No!  You can't eliminate that.").
Is it any better (less scary) than before? Opinions?

Penny


Penny & Bryce Linsenmayer wrote:

> Hi:
>
> I can't add all that language to the Founders' Message because there
> isn't room.  I'm thinking I could add a sentence referring people to
> the Club FAQs page -- need a good way to phrase this one (somewhat
> short) sentence so it doesn't scare away prospective members. I also
> think we (me and/or Heidi) should post & explain it to our existing
> members.  I'll take a shot at posting about this subject now, and
> hopefully Heidi can join in if the questions go beyond my IP
> expertise.
>
> Also, Heidi -- can you think of a non-threatening way to put that
> concept into one sentence in the Founders' Message?
>
> Melanie -- I can also write up something in our current Q & A format
> to add to the general Club FAQs page.
>
> Penny
>
> heidi wrote:
>
>> Yet more lawyerly debate : )
>> Penny & Bryce Linsenmayer wrote:
>>
>> > "Tandy, Heidi" wrote:
>> >
>> >>  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."
>> >
>> > I think that's very appropriate.  I'm not entirely sure *where* to
>> > put it though.  Wouldn't it legally be most effective if this
>> > license language were spelled out right before the person hit
>> > "join"?  Also, how do we cover existing members?  I'm not sure
>> > putting it in the Club FAQs helps us much from a legal perspective,
>> > does it?  I'm not very up on cyberspace law, which is completely
>> > developing.  You haven't really put someone on notice that you're
>> > taking their thoughts & incorporating them into another forum
>> > unless they know this up-front, before they join -- have you?
>>
>> I've only put people on notice when I've drafted terms of service
>> agreements for commercial and noncommercial-but-professional
>> websites like The New York Times and http://www.marsmusic.com : )
>> It would be best if it was spelled out before people hit JOIN, but
>> as a matter of law, given the current industry standard, you could
>> also add it into the Founder's Message. Here's what I would add:
>>
>> "This club is for  grown-ups to discuss the Harry Potter books. Our
>> discussions of this wonderful series are in-depth, thought-provoking
>> and fun. While there is no age requirement to join  the Club, please
>> note that most of our members are adults (18 or older). If you post
>> to the Club, you grant the Founders the royalty-free, perpetual,
>> irrevocable, non-exclusive and fully sublicensable right and license
>> to, for noncommercial purposes,  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. You've already granted the same
>> license to Yahoo, and by granting it to the Founders too, you enable
>> us to maintain our FAQ and create a searchable archive of messages."
>> To unsubscribe from this group, send an email to:
>> HP4GU-FAQ-unsubscribe at egroups.com
>>
>>
>
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