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   Author  Topic: Intellectual property on a forum  (Read 6011 times)
Isaac
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Re: Intellectual property on a forum
« Reply #5 on: Dec 11th, 2007, 7:53pm »
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on Dec 11th, 2007, 6:03pm, jacobusjay wrote:
I am being ignored.
 
The right I have is the right of an author.
 
Jay

 
 
Under US law, that isn't enough.
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Isaac
JSonnabend
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Re: Intellectual property on a forum
« Reply #6 on: Dec 12th, 2007, 8:01am »
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on Dec 11th, 2007, 3:02pm, jacobusjay wrote:
I have recieved new information which I did not have at the time I made an agreement with the forum.  This new information would have caused me to limit their rights or not grant them any rights whatsoever.
 
I could not have known about this information at the time of the agreement.
 
I do not want to argue that the forum has an implied obligation with the members of the forum, but that is obviously true.
 
The obligation has nothing to do with legal or illegal.  The contract is only enforceable while they live up to their implied purpose.
 
If they do not, the contract is worthless (except to people who are biased toward the forum)

While I feel for you, your statement of the law is a bit off.  In many circumstances, a contract expressly states that the agreement is what the written contract says it is, and not what the parties discussed (or implied) beforehand.  That doesn't mean statements made before the contract is signed are always meaningless (as in the case of fraudulent inducement), but that's likely not the case with the forum.
 
As for the "rights of an author", Isaac is right (although he perhaps overstated it).  You most likely have rights of an author, but others may acquire some or all of your rights through agreement or through your actions.  One or both of those situations very well may be in play here.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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jacobusjay
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Re: Intellectual property on a forum
« Reply #7 on: Dec 12th, 2007, 12:40pm »
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Hi,
 
So they have conned me into an unfavorable agreement and the law accepts that.
 
But surely you will back me in the public eye.
 
Can I not warn the public of these charlatans?
 
Or do they have the right to prevent me from criticizing them publicly?
 
Jay
 
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JSonnabend
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Re: Intellectual property on a forum
« Reply #8 on: Dec 13th, 2007, 8:03am »
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Jay -
 
Generally, you have the right to speak publicly about others, provided you speak accurately.  You can also provide your personal opinion, generally speaking, but you have to be careful in how you phrase your statements.  Importantly, you need to avoid making damaging, apparently factual statements that prove to be incorrect.
 
Please understand that I am not a defamation attorney (that is, I don't routinely handle such cases), so I am speaking in some pretty broad generalities here.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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jacobusjay
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Re: Intellectual property on a forum
« Reply #9 on: Dec 13th, 2007, 3:23pm »
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You have frightened me.  I may be breaking the law unwittingly.  Is there anything wrong with the following statements:
 
"Basically I want to know if I have the right to do to them what they did to me, ie, criticize me publically, plagarize my intellectual property, exclude me from reading a public forum, censure my posts and destroy (or at least hide) records.
 
Just what irrevocable rights do they have that are different than my irrevocable rights?
 
If I sound upset, it is because I am upset.
 
I participated in the forum because they have a goal to validate and empower victims of bullying, yet I was disempowered and repudiated.
 
Why should I, a past vicitm of bullying, be singled out in such a unsympathetic manner?
 
Do I, by merely participating, expose the forum's impotence?
 
I am disheartened."
« Last Edit: Dec 16th, 2007, 6:21pm by jacobusjay » IP Logged
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