FlyerTalk Forums - View Single Post - Question 17: What is your opinion on the current policy about the ownership of posts?
Old Oct 16, 2005, 7:58 am
  #4  
Cholula
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I've seen discussion on this topic here at FlyerTalk and on other IBB's I frequent. And there seems to be no clear cut consensus. The owners of the websites usually put a disclaimer in their TOS stating that all posts belong to the website. Yet the posters/members often reject this claim and claim individual ownership.
Who's right?? I think the law on Internet publishing is still being evolved and that this debate hasn't been thoroughly run through the courts enough to determine legal ownership. And perhaps it'll always be a point of contention regardless of legal interpretation.
My personal opinion...and I'm not a lawyer....is that ownership resides with the individual posters/members regardless of what the TOS states.
An analogy is that you often see a sign in a car wash stating that "We are not responsible for any damages". That's been proven to be pure hogwash as you are not able to skirt the law by putting up a sign or by writing your own interpretation of the laws.
Bottom line, I'm in the camp that advocates individual ownership of what I write and until I see conclusive evidence to the contrary, that'll be my position.
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