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#476
TEWR

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Awww... I'll do my best. If I import this, I would merge it into our current off-topic forum as there's little sense having too.
 

I could give you details over here or via PM, I just don't know how I'd maintain so many threads updated :P
 

You haven't activated your account, did you receive the email?


Weird, it says I already have activated it when I tried just now

#477
Pasquale1234

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If you tweet something, even if you delete it, it is still entirely legal for anyone to publicly attribute the tweet to you, in a publicly recorded form. You can't sue a journalist for talking about something you tweeted on TV any more than you can say someone doesn't have permission to copy your tweet into a forum post.


Those instances fall under fair use.
 

Similarly, publicly posted material (including forum posts) can be recopied and redistributed in any form.


No, they aren't.

No, you didn't. Once you posted your words directly into the public domain, you sacrificed any chance of your "permission" being a factor in their distribution at all.


Please forgive me for picking on these posts specifically, but the notion that written works published on the internet aren't subject to the same copyright laws as material published in any other fashion is a myth. Otherwise, web content creators / publishers could be robbed blind.

I'd also like to note that copying an entire article from elsewhere and posting it here is a copyright infringement. It's something I see people do frequently - apparently, they believe that it's permissible so long as they give proper attribution and provide a link to the original source - but that is another widely held myth. Web traffic is a valuable commodity, and posting content anywhere other than its place of origin may deprive the owner of that traffic. (Providing the link can also generate traffic, however, which is the reason why such authors rarely pursue such infringement.)
 

My materials (including my posts) are all copyrighted by me.
By choosing to post them here, I gave EA/BioWare permission to distribute them via this site.

I did NOT give this "fextralife" (whatever it is) permission to do squat with my materials.


When you signed up for this forum, you agreed to EA's Terms of Service, which state in part:

7. UGC License Grant to EA and Others

When you contribute UGC to an EA Service, you expressly grant to EA and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant EA and its licensors all licenses, consents and clearances to enable EA and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the EA Service on which you contribute UGC permits other users to access and use that UGC as part of the EA Service, then you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you.


UGC = User Generated Content.

Depending on interpretation, the statement I underlined could support publishing UGC anywhere. Were it not for the presence of the phrase I formatted as strikethrough, fextralife would be home free.

Of course, for any work to qualify for copyright protection, it must be fixed in a tangible medium of expression (a forum post would qualify), original, and the result of at least some creative effort on the part of its author. How much creative effort is required is subject to interpretation, but I would posit that a lot of forum posts would not qualify.

Then there is the fair use doctrine, which consider these 4 factors in a determination of fair use:
-- Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
-- Nature of the copyrighted work
-- Amount and substantiality of the portion used in relation to the copyrighted work as a whole
-- Effect of the use upon the potential market for or value of the copyrighted work

Although I've certainly enjoyed reading a lot of the posts here, and feel that some of them are genuinely creative, inspired, and perhaps even brilliant, I'd be hard pressed to believe any of them have a market value greater than zero minus the hosting cost. Even if some of them do, in fact, have a market value, the authors chose to post them here with no compensation, thus doing serious damage to any claim they might make after the fact.

TL;DR: Any individual claims of copyright infringement due to Fexelea's archiving appear to be without legal merit.

(Disclaimer: I am not a lawyer. I have, however, worked with multiple legal firms specializing in Intellectual Property Law in filing patents, service marks, and copyrights and have thus likely had more exposure to it than your average forum denizen.)
  • DaemionMoadrin, Dutchess, SmilesJA et 1 autre aiment ceci

#478
Lady Artifice

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Please forgive me for picking on these posts specifically, but the notion that written works published on the internet aren't subject to the same copyright laws as material published in any other fashion is a myth. Otherwise, web content creators / publishers could be robbed blind.

I'd also like to note that copying an entire article from elsewhere and posting it here is a copyright infringement. It's something I see people do frequently - apparently, they believe that it's permissible so long as they give proper attribution and provide a link to the original source - but that is another widely held myth. Web traffic is a valuable commodity, and posting content anywhere other than its place of origin may deprive the owner of that traffic. (Providing the link can also generate traffic, however, which is the reason why such authors rarely pursue such infringement.)

 

 

Well, except this isn't a case of a published article, This is a case of signing onto a business site after accepting their terms of service that our words are at their disposal. 

 


When you signed up for this forum, you agreed to EA's Terms of Service, which state in part:

7. UGC License Grant to EA and Others

When you contribute UGC to an EA Service, you expressly grant to EA and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant EA and its licensors all licenses, consents and clearances to enable EA and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the EA Service on which you contribute UGC permits other users to access and use that UGC as part of the EA Service, then you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you.


UGC = User Generated Content.

Depending on interpretation, the statement I underlined could support publishing UGC anywhere. Were it not for the presence of the phrase I formatted as strikethrough, fextralife would be home free.

Of course, for any work to qualify for copyright protection, it must be fixed in a tangible medium of expression (a forum post would qualify), original, and the result of at least some creative effort on the part of its author. How much creative effort is required is subject to interpretation, but I would posit that a lot of forum posts would not qualify.

Then there is the fair use doctrine, which consider these 4 factors in a determination of fair use:
-- Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
-- Nature of the copyrighted work
-- Amount and substantiality of the portion used in relation to the copyrighted work as a whole
-- Effect of the use upon the potential market for or value of the copyrighted work

Although I've certainly enjoyed reading a lot of the posts here, and feel that some of them are genuinely creative, inspired, and perhaps even brilliant, I'd be hard pressed to believe any of them have a market value greater than zero minus the hosting cost. Even if some of them do, in fact, have a market value, the authors chose to post them here with no compensation, thus doing serious damage to any claim they might make after the fact.

TL;DR: Any individual claims of copyright infringement due to Fexelea's archiving appear to be without legal merit.

(Disclaimer: I am not a lawyer. I have, however, worked with multiple legal firms specializing in Intellectual Property Law in filing patents, service marks, and copyrights and have thus likely had more exposure to it than your average forum denizen.)

 

 

...Which you go on to demonstrate by quoting the terms of service. 


  • DaemionMoadrin, Biotic Apostate et Biotic Apostitute aiment ceci

#479
dcal31

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Double post.

#480
dcal31

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I go away for a few weeks, and they decide to shut the place down. I've spent the past couple days catching up on everything and I think this would be the best thread to post in.

I've got a free terabyte drive and a good internet connection. Based on previous posts, it looks like the limiting factor is the bandwidth from Bioware's servers and the backups can be assembled from separate pieces.

Fexelea, if it would help and not slow down your archiving, point me towards one your lower priority parts of the forum, such as off topic or legacy games, and I'll start on that section when I get home from work.

If you've narrowed down the optimum setting for HTTrack, I'd appreciate that info as well. Please let me know if this would be beneficial and anything I can do to help out.

And I don't know why it keeps double posting. My apologies.
  • Fexelea aime ceci

#481
Pasquale1234

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Well, except this isn't a case of a published article, This is a case of signing onto a business site after accepting their terms of service that our words are at their disposal.


Well, sure, but the statement to which I was replying was this:
 

No, you didn't. Once you posted your words directly into the public domain, you sacrificed any chance of your "permission" being a factor in their distribution at all.


"Public domain" has a very specific meaning in copyright law. Works that are in the public domain are works whose copyright has expired, been forfeited, or is otherwise unenforceable. In and of itself, the act of posting content online does not put that content into the public domain.

My interpretation of EA's TOS is that they claim no copyright ownership in UGC. They only set forth the things they are allowed to do with that content as licensees of it. There are a couple of things in the TOS that inform my interpretation, including the fact that the right granted is non-exclusive. Thus, I believe that the original author of a post retains copyright, assuming the work meets the other qualifications.

To be clear, I'm going with a 2-step process here:

1) Determine whether a forum poster has a valid copyright, and as previously stated, I believe that some posts would qualify.

2) Determine whether the importation of a forum post to another depository infringes upon such copyright. My view is that a good case for fair use can be made, thus infringement would probably not be found.
  • SmilesJA aime ceci

#482
vometia

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If it's not too late, I've just created a Fextralife account if my assorted reams of crap might be allowed to follow me over there.  Perhaps predictably, my account name there is also vometia.


  • AngryFrozenWater, Fexelea et Biotic Apostitute aiment ceci

#483
AngryFrozenWater

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If it's not too late, I've just created a Fextralife account if my assorted reams of crap might be allowed to follow me over there.  Perhaps predictably, my account name there is also vometia.

You've made my day. :)

 

I hope you write some more "crap", because I used to like it. :)


  • Biotic Apostitute aime ceci

#484
AnhedonicDonkey

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Same as here:

AnhedonicDonkey
  • Fexelea et Biotic Apostitute aiment ceci

#485
MikeC99

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Hi - thanks for this. My Fex username is MikeC99  Is that all you need?

cheers

MikeC


  • AngryFrozenWater et Fexelea aiment ceci

#486
German Soldier

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In that sense, it has already been cached many times, by many different entities, by a process that, as I understand it, is legal virtually everywhere.

 

In the same way that someone can copy your tweet and distribute it another way, someone can cache your post and distribute it another way.

 

The only way to prevent that is... not to post.

But that's nonsense copy a content or a part of a content can be done legally under the policy of the fair use,copying an entire forum and millions of posts isn't the same thing.



#487
Filament

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I regret that people might have thought I knew what I was talking about when I used the phrase "public domain." :P

I just meant it in the general sense- all this stuff is publicly available...

#488
BSpud

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People who think their precious snowflake forum posts are copyrighted are goofballs. Jesus Christ, the end of this place can't come soon enough.


  • Tarshana aime ceci

#489
Riverdaleswhiteflash

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People who think their precious snowflake forum posts are copyrighted are goofballs. Jesus Christ, the end of this place can't come soon enough.

Jesus Christ it can't come late enough.



#490
Lunatica

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Google, for example, has many caches of this site, and they don't have any legal obligation to delete them unless something very significant changes internationally with regards to the related law.

It is easy for a website to keep Googlebot or other search engine robots away from all or particular pages. A standard has existed since 1994 called the robots exclusion standard.Google also offers a simple way to prevent a page being cached: just write the word ‘NOARCHIVE’ in the code of a page.


#491
German Soldier

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No, they aren't. 

 

 

 

No, you didn't. Once you posted your words directly into the public domain, you sacrificed any chance of your "permission" being a factor in their distribution at all. 

 

 

 

Yes, it does. Public domain is the key here. If you had any legal claim on the words you post to this site, the mods wouldn't be able to edit or delete them, and people like this youtuber:

 

 

...wouldn't be able to post videos of it. 

This video on you tube is a form of fair use and not the whole copy of the forum  this person is copying all the pages and archives with no rights to do so.Wrong once you subscribe to the forum you give permisson to EA/Bioware to delete or altering your posts.


  • SmilesJA aime ceci

#492
Filament

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Jesus Christ it can't come late enough.


His over two millennia of stamina is rather impressive, one must admit.
  • Riverdaleswhiteflash et Hammerstorm aiment ceci

#493
German Soldier

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2) Determine whether the importation of a forum post to another depository infringes upon such copyright. My view is that a good case for fair use can be made, thus infringement would probably not be found.

 

Any individual claims of copyright infringement due to Fexelea's archiving appear to be without legal merit.

A good case for fair use can be made? With a massive transfer (in the order of millions) of users and developers posts and threads?
 
It say "on or through the relevant EA Service" not on or through Fextralife
 

 

 

 

...Which you go on to demonstrate by quoting the terms of service. 

Demonstrating by formatting that very important bit that basically confirm nothing.

 



#494
Tarshana

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People who think their precious snowflake forum posts are copyrighted are goofballs. Jesus Christ, the end of this place can't come soon enough.

 

Shall we make a snowman, Ser Spud? I have some fresh carrots :D



#495
Donquijote and 59 others

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Then there is the fair use doctrine, which consider these 4 factors in a determination of fair use:
-- Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
 

This doesn't qualify as fair use,the pages of the forum  are not being simply archived and saved for a personal use but to recruit more users onto another forum.



#496
Fexelea

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Please stop derailing this thread. If anyone has copyright concerns you can send me a PM. If anyone has specific points to counter on things said please PM the specific person.

 

This back-and-forth is only making it difficult for me to fulfill the purpose of this thread and update the OP.

 

Thank you.


  • AngryFrozenWater, LPPrince, Zanderat et 6 autres aiment ceci

#497
Fexelea

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Update:

 

Everyone up to this post should be listed on the First Post. If you don't see your username there, or it's typed wrong, please let me know ASAP.

>> An easy way to check is to ctrl+f and type your name and see if it comes up.

 

If you have not received your imported posts, please let me know too!.


  • AngryFrozenWater, Zanderat et Spirit Vanguard aiment ceci

#498
Dekibra

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Finally I managed to create an account over there :)

 

Same ID as here:

 

Dekibra


  • Fexelea aime ceci

#499
Morlanwen

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Same here and there: Morlanwen 


  • Fexelea aime ceci

#500
SogaBan

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SogaBan (fextralife account name). Please count me in.


  • Fexelea aime ceci