Copyright claim against KMC

Started by Bardock4218 pages

Originally posted by Ushgarak
Hold that opinion if you must. But I very, very strongly disagree. His posts were entirely irresponsible.

Frankly I am amazed that you cannot see the potential of the spreading of inaccurate information for causing genuine upset and alarm. With this kind of thing you must always carefully check your facts first.


We apparently took his post extremely different. I saw it as an "Well, they could get in trouble, just saying, hypothetically" (whether that is true or not is not really important) and you as an "Guys, this is serious shit, we could all get in trouble, and likely will, and it will ruin everyone's lives". I suppose it was possible to interpet it either way, but Adam already clarified what he meant.

Originally posted by Ushgarak
Nope, you are totally wrong too, in implying... in fact, outright SAYING that the legal situation is different for mods than it is for others. Nonsense.

I didn't say it was different it's exactly the same except they are also forum representatives and agents of KMC hence the title Mod.

Originally posted by BAILY
on SHH posting the pics in their forums is a 4 month ban .. i dunno if the WB is really going after sites or not .. but they are being anal about the pics

🙂 Pictures Bailey is talking about are still up.

Backtracked on what he meant, is all I see.

And either he was deliberately or foolishly inciting panic with his original post. Either way, it needs to be slapped down very hard indeed.

Originally posted by Dur Greatest
I didn't say it was different it's exactly the same except they are also forum representatives and agents of KMC hence the title Mod.

Nothing to do with it. 'Forum representative' is legally meaningless.

Originally posted by Ushgarak
Backtracked on what he meant, is all I see.

And either he was deliberately or foolishly inciting panic with his original post. Either way, it needs to be slapped down very hard indeed.

Fair enough. I disagree.

[edit] I especially disagree that a one liner. One worder actually, ridiculing his post, is the way to do it.

Originally posted by Ushgarak
Backtracked on what he meant, is all I see.

And either he was deliberately or foolishly inciting panic with his original post. Either way, it needs to be slapped down very hard indeed.

So what about these sort of anomalies?

Originally posted by BAILY
on SHH posting the pics in their forums is a 4 month ban .. i dunno if the WB is really going after sites or not .. but they are being anal about the pics

Because if the site owner IS aware of infringment AND does not remove it then that is indeed a civil matter, as I have outlined above. But that's still nothing to do with the mods. It is the site owner's responsiblity.

Mods are just private posters that the site owner givesdcertain extra abilities on the forum to. That has no distinction in any relevant law here. The only way that it would have any relevance that mods can prevent things from happening would be if the mods had the power to prevent an infringement that they were profiting from and did not. Which is obviously not true.

Originally posted by Ushgarak
Nothing to do with it. 'Forum representative' is legally meaningless.

I would dispute that. If you have been given a responsibility to act on behalf of someone as an agent. You have a responsibility inherant to that title.

Originally posted by Ushgarak
Because if the site owner IS aware of infringment AND does not remove it then that is indeed a civil matter, as I have outlined above. But that's still nothing to do with the mods. It is the site owner's responsiblity.

Um no, delegation is kind of key.

Originally posted by Dur Greatest
Exactly. Reports of copyright breaches should be acted upon.
Originally posted by smashyou
This is all quite useless if your not doing anything about it.

Then get to it or all this is pointless so you may as well give up. Adam has annoyed the mods more lol.

Originally posted by Dur Greatest
Um no, delegation is kind of key.

If you think that is legally relevant, then it only is in your mind. Legally speaking there is no difference here between a mod and a private poster.

The only responsibility here is an entirely internal one- e.g. the site owner tells a mod that if he doesn't stop being lazy and start removing such material he will be fired as a mod. That's all.

Arguing with a baiting AJ sock = dur

Let's just ignore him at this point, imo. We've shown that KMC is both responsible in its rules and actions as well as the unlikelihood of legal action even in a far worse scenario than anything we currently have. At this point he's just trying to raise sh*t for the sake of.

Originally posted by Dur Greatest
I would dispute that. If you have been given a responsibility to act on behalf of someone as an agent. You have a responsibility inherant to that title.

Again, what you think is so in your mind has nothing to do with law. The mods are not involved in any such copyright issue for the reasons I have outlined above, which you may read again at your leisure.

Originally posted by DigiMark007
Arguing with a baiting AJ sock = dur

Let's just ignore him at this point, imo. We've shown that KMC is both responsible in its rules and actions as well as the unlikelihood of legal action even in a far worse scenario than anything we currently have. At this point he's just trying to raise sh*t for the sake of.

😂

Originally posted by Ushgarak
Again, what you think is so in your mind has nothing to do with law. The mods are not involved in any such copyright issue for the reason I have outlined above, which you may read again at your leisure.

It's possible that as you have no contract, you actually have no liability at all. In which case your actions are not actually those of the web site. However it seems strange Raz would not get a moderator to promise to follow certain actions under specified circumstances when they accepted the role; Purely as a firebreak and safety net for him.

That would be an odd thing to ask of volunteer mods.

Originally posted by Ushgarak
That would be an odd thing to ask of volunteer mods.

Not really, you'd expect responsibility to go hand in hand with being a representative. You might also be aware that sometimes people who have "chosen" to do a job for you might through their own "negligence" put you in a difficult position. A position which you would need to be able to distance yourself from.

Originally posted by DigiMark007
Arguing with a baiting AJ sock = dur

😆

bates!

bates bates bates BATES!!!

Does anyone have any legal evidence for this discussion? Like...other evidence of legal action taken against a message board because of copyright infringement. I know that other websites get into legal trouble for posting pictures/images and they have to remove the items or be fined/sued. I don't think, in the worst case scenario, that anything would happen to KMC as long as the offending materials are removed.

That's it. Nothing scary, nothing frightening, nothing to worry about. IF we do get in trouble...then we just remove it...with no qualms.

Originally posted by dadudemon
😆

bates!

bates bates bates BATES!!!

Does anyone have any legal evidence for this discussion? Like...other evidence of legal action taken against a message board because of copyright infringement. I know that other websites get into legal trouble for posting pictures/images and they have to remove the items or be fined/sued. I don't think, in the worst case scenario, that anything would happen to KMC as long as the offending materials are removed.

That's it. Nothing scary, nothing frightening, nothing to worry about. IF we do get in trouble...then we just remove it...with no qualms.

KMC hasn't removed any of the Batman pictures I have publicly highlighted to three mods. Pictures that have been removed from all other websites.

Report them, get them taken off or be quiet.

Simple really.