Copyright Violation
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@NollipfSense Where did you see that ToS? AFAIK, users can claim a copyright for content they created and published.
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@KOM said in Copyright Violation:
@NollipfSense Where did you see that ToS? AFAIK, users can claim a copyright for content they created and published.
https://forums.lawrencesystems.com/t/pfsense-and-qat-w-intel-quick-assist-adapter-8950/13057/23
But, it wasn't the user(s) content, It's Netgate staff Steve's content with his avatar that is copyright protected, AFAIK, unless Netgate expressly allows. Some folks on forums are not mindful of these issues that they can always copy and paste their content but not of others. Friendly reminder is needed here and note my bringing this up is exactly for a friendly reminder, nothing more.
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@NollipfSense Copyright restrictions can also vary by jurisdiction. It is complicated.
Ted
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@tedquade said in Copyright Violation:
@NollipfSense Copyright restrictions can also vary by jurisdiction. It is complicated.
Ted
Most of the country follows common law except my state, Louisiana; however, copyright in all is similar. I am particularly sensitive to it because 15yrs ago, I had a situation where someone on a forum copied content from my company's website and paste on the forum...the forum had to take it down. Most websites, if not all, have a copyright notice somewhere on the bottom of the landing page...it's not complicated...it's people who make it complicated by not being mindful.
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@NollipfSense Ehh, I'll cut & paste whatever I feel like. If someone has a problem with it, they can somehow try to track me down and serve me. Until then I don't really give a damn. Nobody's going to sue over a forum post.
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@NollipfSense said in Copyright Violation:
Steve's content with his avatar that is copyright protected
Your saying if I post something here on a public forum saying xyz blah blah whatever.. Maybe its that I hate liver and onions, whatever it is.. And someone on some other forum links to the post.. An quotes what I actually said in the post that is copyright violation?
That seems a bit over the top if you ask me...
Now if someone took some sort of unique content that was posted on a website and claimed it as their own - that might be a whole other thing.. But if you link to the original where it was posted, and quote was said on it as just ease of providing the info.. Saying that is copyright violation seems a bit picky and going overboard on the spirit of the laws that are meant to protect IP.
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@KOM said in Copyright Violation:
@NollipfSense Ehh, I'll cut & paste whatever I feel like. If someone has a problem with it, they can somehow try to track me down and serve me. Until then I don't really give a damn. Nobody's going to sue over a forum post.
It's about being respectful...
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@johnpoz said in Copyright Violation:
And someone on some other forum links to the post..
That's permissible to link but not copy the exact content and paste to another forum BECAUSE of the copyright notice on the original forum where you made that statement.
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Usually when you post something and it gets used elsewhere you expect that the attribution and context remains intact in order to meet the 'fair use' or 'fair dealing' sections of most legislative regions.
The regular terms of service for a forum do not overcome the implicit rights of the original author, who retains any applicable copyright. Typically forums or social media have terms of service in place that prohibit copyright-applicable content on their platform but this does not exclude fair use and attribution.
However, an employee's posting on their own forum will come under the employee's terms of service and the copyright would normally sit with the employer. If the post was informational or reflected the business policy then there would be an expectation that it would be used more widely.
Case law in all western jurisdictions is still relatively immature but is starting to set some guardrails. However, everyone should be minded that there is no expectation of privacy for anything you post on the internet.
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I just did a deep inspection of the forum website and there is no copyright notice anywhere on the forum page(s). However, on Netgate's main landing page there is and since the forum is referred there, it's covered by and under that notice: Copyright 2023 Rubicon Communications LLC (Netgate). All rights reserved.
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@RobbieTT said in Copyright Violation:
this does not exclude fair use and attribution
Fair use is to just link the website where the content originates or copy just one's post only without any reference to where, example here, I am only permitted to copy my statement starting with fair and ended with said; however, I cannot include your name or what you said.
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Presuming you reside in the US (I live in a GDPR land) then this link that I just stumbled across is a pretty good piece and happens to overlap with some applicable UK law (even though it probably didn't consider it):
Legal Zoom - Fair Use in Social Media
It is probably as deep as non-lawyers would ever wish to go and it can be read in plain English.
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@RobbieTT said in Copyright Violation:
Presuming you reside in the US (I live in a GDPR land) then this link that I just stumbled across is a pretty good piece and happens to overlap with some applicable UK law (even though it probably didn't consider it):
Legal Zoom - Fair Use in Social Media
It is probably as deep as non-lawyers would ever wish to go and it can be read in plain English.
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Yes, I am in the U.S, but I am not playing the lawyer here despite I went to law school (didn't went to be a lawyer)...so, without reading, all I have said so far is about respect and common decency to comply with copyright notices and the reasonable expectation it implies. As I stated, every website or most gave a copyright notice.
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I looked at the Lawrence systems thread you refer to and most of the cuts there (IMO) would fall within the US definition of "Fair Use".
That said it would probably be good to additionally provide a link to the whole thread for context.
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@Phizix said in Copyright Violation:
the US definition of "Fair Use".
As stated else where is this thread, fair use would be to post the Netgate forum's link where Steve made the statement...but to directly copy the content with the unique avatar isn't...remember, Netgate post a copyright notice...it's like writing a paper in college and make a statement in the paper that was directly copied from a book without referencing the book...the professor would scream plagiarism because how the essay was written the tone doesn't match the point where the copied text was inputted.
I am sure also Lawrence System's website as a copyright notice too. Why you think reason is to post copyright notice is on every website?
@Phizix said in Copyright Violation:
That said it would probably be good to additionally provide a link to the whole thread for context.
That's what I am saying...provide the link that anyone can click on it to see..."Steve said" link...
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@NollipfSense said in Copyright Violation:
That's what I am saying...provide the link that anyone can click on it to see
Sounds reasonable to me as that is new authors content linking to an original source.
Of course the largest offenders are not individual users posting on a forum but news scrapers such as Google, Facebook, and plagiarism of reviews or whole forum threads. -
@Patch said in Copyright Violation:
or whole forum threads.
This latest "content" driven economy is causing folks lurking around forums with highly specialize subject, such as pfSense firewall, to capture the forum post to supposedly "create" content (stealing). Glad you brought this up.
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@NollipfSense said in Copyright Violation:
https://forums.lawrencesystems.com/t/pfsense-and-qat-w-intel-quick-assist-adapter-8950/13057/23
IANAL but I'd expect that to fall under fair use. I agree it would be nice if they included a link back though.
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@stephenw10 said in Copyright Violation:
I'd expect that to fall under fair use
No, it wouldn't...as I had said, I had an exact situation with a forum 15yrs ago and was successful having the forum removed the content because of my copyright notice had been given to the public and the person did not get my expressed consent in writing. Out of decency, Lawrence System should remove it.