Re: [at-l] OT Do you Yahoo?

[Daniel Berlinger <daniel@circumtech.com>]

Disclaimer: I'm not a lawyer and I don't play one on TV.

My suggestion (and to bring some focus to this) hikers have much better places
to hang their sites. Besides, do whatever Kahley says on general principles :)

Pesky details:

> Section 23 of the Yahoo! agreement states they respect intellectual
> rights, but it does not state they repect ownership and copyright of the
> material. Each is different. You run into this at most newspapers.
> Photographers have the intellectual rights over their images they
> created. Which is to state they can promote the fact they made the
> images through contest, displays, etc. But most newspapers do not
> relinquish ownership or copyright of the images. The newspaper owns them.
> 
> Under copyright laws, both here in Canada and in the US, the creator of
> the work must receive fair compensation when they relinquish the
> copyright on their work. This agreement does not offer that.
> 
> Also under almost any law in the civilized world, an agreement cannot be
> entered into under duress, either stated or implied. Signing this
> agreement to get access to your work is implied because you were not
> given a choice. It is a form of duress.

then

>http://www.wired.com/news/news/politics/story/20518.html
>
>                      Yahoo: Your Homestead's Your Own
>                      by Declan McCullagh
>
>                      4:30 p.m.  30.Jun.99.PDT
>                      In response to a boycott and criticism
>                      from outraged customers, Yahoo late
>                      Wednesday abandoned rules that had
>                      given it eternal ownership of all Geocities
>                      Web sites.
>
>                      "We're seeing how we can clarify our
>                      intentions, given the recent outcry," said
>                      Tim Brady, Yahoo vice president of
>                      production.
>
>                      [...]

And finally,

> They haven't backed away from squat; they never claimed ownership,
> merely unlimited licensing and sublicensing rights.... and *THEY
> STILL CLAIM THOSE RIGHTS!!*
> 
> The new paragraph 8 reads:
> 
> "Yahoo does not own Content you submit, unless we specifically tell
> you otherwise before you submit it. You license the Content to Yahoo
> as set forth below for the purpose of displaying and distributing
> such Content on our network of properties and for the promotion and
> marketing of our services. By submitting Content to any Yahoo
> property, you automatically grant, or warrant that the owner of such
> Content has expressly granted, 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. "
> 
> Check the last sentence:  The Grab Is Still There.  "Promotion of our
> services" is broad enough to justify ANYTHING, especially little
> things like "Photo courtesy of Yahoo!GeoCities" credit lines.  That's
> got all sorts of promo value, or so we're constantly told by editors.
>  They haven't actually given up anything at all....


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