Legalities arising form links

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  • #50671

    drmike
    Member

    You have to remember that Youtube is whacking these videos when they’re brought to their attention. :)

    Moderator hat on – YOu’re all supposed to be good boys and girls and wear your halos and all that.

    Honest answer time without the moderator hat on – I’d go ahead and link to them. I’d even go ahead and embed them. You’re running a blog. You’re not running a site on the level of Yahoo or with the traffic of an adult site. (The major adult provider I host is the one I’m having the issues with. The *cough* artist is saying she has the rights to the video that’s being hosted. And, no, you’re not getting a link. :)

    I link to Animaniacs videos on my blogs. They go through and whack them every few weeks over at youtube. The complaints don’t come down to me though for just linking and embeding them.

    If they complain, go ahead and remove them.

    #50697

    raincoaster
    Member

    Legally, you don’t need anyone’s permission to link to them. To embed content, whether image, text, video or other, it’s best to have at least implied consent, like in the Saturday Night Live videos that the network itself has uploaded. They want people to blog those. Asking never hurts.

    Boles and Timethief, you both raise some very interesting issues. I’m very worried about what would happen if only people with a spare twenty could be ad-free and thus, free of those copyright issues that they, themselves, did not cause. I know how many bloggers are without a spare twenty, and if their speech had to be constrained for that reason alone, blogging and the world at large would be much the poorer.

    #50705

    kree81
    Member

    Thanks :) All! I’ve got tons of info and think I have a handle on it now.

    #50707

    boles
    Member

    raincoaster —

    Well, I’ve brought this up before — and remember we’re only chatting and wondering here — but if you want an ad-free blog for free… there’s always… WordPress.org.

    I’ve also said before that to assume WordPress.com will remain a free, unfettered, ride forever –- and remember we’re only chatting and wondering here – is to be naïve and perhaps even ungrateful.

    #50708

    raincoaster
    Member

    But with WordPress.org, you’ve got to find a host: that’s what costs. I have a blog with them, and I have one here, and I prefer this one, frankly. Hell, I updated this one eight times yesterday alone, but I haven’t gone near the other one for almost a week.

    I am not ungrateful, but I am aware that the parent organization uses WordPress.com as a showpiece, and for good reason. As things which formerly were taken for granted are disallowed, made pay-for-play, etc, WordPress.com will leak a percentage of users, and I would hate to see them leave when alternatives could be worked out.

    The smartest thing I ever read about the internet was from John Seabrook’s book Deeper: “The internet interprets censorship as damage and routes around it.” Economic filtering is effectively censorship: that’s the heart of the issue, if we look at it coldly. People who can afford more can say more.

    Right now, WordPress.com is host to a number of socially and politically significant blogs run by impecunious people (some of whom have posted in this thread but are, perhaps, too modest to dig out their bona fides). All of these things have to be considered when making corporate decisions, because PR is, as of course you’re aware, not an inconsequential line-item in a budget. Hosting people for free isn’t all that costly an alternative.

    #50711

    timethief
    Member

    @boles
    It seems to me a gross unfairness that those who are poor and who came to wordpess.com because they could not afford a webhost and/or because they lack what it takes to host a blog on their own and need the support of staff would be faced with the choice of being forced to go to wordpress.org or to quit blogging.

    I say this in light of the fact that those who can afford to hire blog hosts are doing the exact opposite and migrating back to wordpress.com to enjoy the free blog hosting.

    Upon arrival these folks enthusiastically support the introduction of paid options, which they can of course, afford and which the poor like myself cannot. Thus far I have seen comfortably well off folks like yourself who left wordpress.org place pricetags on options that I couldn’t dream of affording.
    domain $10 per year
    css customization upgrade $15
    snap previews before their free introduction the same blogger was prepared to pay a monthly fee for
    ad-free blog $10 or whatever per MONTH
    and GOB knows what else

    If you were me boles maybe you would feel very discouraged by the situation. I may not have either money or health but I have given what I do have – time. I have spent the time helping others and learning as much as I can. What you said above hurt.

    #50712

    boles
    Member

    It will be interesting to see how it all unfolds, raincoaster, and I agree with you that living here together on .COM instead of alone on .ORG is the difference between joy and just surviving. I just don’t expect living here to come without strings.

    #50713

    raincoaster
    Member

    Oh, I don’t expect it either. I just won’t let it happen without putting in my two cents. I firmly believe that this can be worked out, and WILL be worked out. WordPress.com has shown, over and over, that they are proud of hosting socially and politically active blogs, and also that they are not interested in mere veniality.

    All things in time. But nothing without debate beforehand.

    #50714

    boles
    Member

    timethief —

    I don’t think .COM should be concerned with the poverty or richness of their users as a business plan.

    #50715

    timethief
    Member

    Of course not, you’re an American business man boles. Compassion is obviously not high the list of American business attitudes and attributes, let alone, a consideration in their business plans.

    Taking everything they can get for free even when they can afford to pay is their strong suit. The law of the business jungle and sharp dealings always comes into play as their insatiable desires for more increase the ante for the rest of us.

    The American way in the world today is nothing to be proud of. Look what they have done to this planet that we all share.

    Perhaps why Americans are hated the world over is that they are like greedy little rich brats allowing their insatiable demands for more, more and more to control them, to dehumanize them, until they have exhausted all available resources, pushed everyone else off the map and either into the poorhouse or onto a battlefield to be slain.

    WordPress began as a open source project but ask yourself: Where are the fan boys now?

    And who are those that help the “hit whores” and prideful “stats fanatics” get their links and escalate their rankings?

    Who helps Automattic wordpress to keep their staff contingent at a bare minimum and their payroll low by answering questions on the forum?

    I see raincoaster helping and I see engtech too but where are the other “hit whores”?

    Those who do help others without expectation of gain are open sourcers every one of them, men and women alike. They share their expertise free of charge and give of their time freely.

    Of course I expect Automattic to monteize wordpress but I also expect that sysdmin and the well heeled and well educated bloggers will be able to look deep into their chests where their hearts should be and be mindful of the impact that satisfying their never-ending demands for more will have on other bloggers.

    I expect them to honour the values that open source was founded upon and to choose to get by on less so there’s more for all. And that is what being “human” is all about.

    The forgoing has been written passionately, without malice, in the tradition of the peaceful warrior.

    Namaste

    #50829

    drmike
    Member

    Oh, this is going to get interesting real fast.

    Legally, you don’t need anyone’s permission to link to them.

    Mark has stated that linking to warez will get your blog shut down asap. The videos on Youtube are usually there without permission. Same idea. :)

    One thing that comes to mind. As I understand the Youtube setup, the uploader has to mark if their video is to be publically accessable. That means the uploader is giving permission for other sites like wp.com or daria.be to embed and use the video in their own sites. I would think that would mean legal permission to use and display.

    #50835

    boles
    Member

    Here’s a fascinating paper on “Unlawful Linking” some might enjoy:

    http://mipr.umn.edu/archive/v3n1/deffner.pdf

    #50865

    wank
    Member

    My take is that linking and embedding of copyrighted stuff goes on all the time, and you’re only in danger of losing your blog if somebody complains. Take livejournal icons. An overwhelming proportion of the userbase uses copyrighted material in theirs, but until somebody complains nobody cares. Such complaints rarely come from copyright holders, who are far too busy and important to care what people post in their blogs; they’re more likely to be from somebody you’ve annoyed so much that they want your blog ripped down. If you’re not linked to any fandoms, it’s not all that likely :)

    As regards charging for ad-free blogs, the difficulty with establishing a set cost is that all our blogs are going to be earning Automattic different amounts of revenue, depending on what type of blog they are and how much traffic they get from Google. If such an upgrade ever is implemented, the amount you pay for it will certainly be more than Automattic would make from having the ads on your blog (so expect news posts on how nasty ads are and how much better your blog would be without them — no more talk of how they’re ‘discreet’ and you’ll probably never even see them.) For that reason alone, it would be interesting to see what the price of such an upgrade would be.

    #50924

    raincoaster
    Member

    Dr Mike, what I said is correct. I think we all understand that the law and WordPress terms of service are not the same. My point was about the law.

    And I agree with your take on YouTube; during the upload process, the uploader has to indicate that they do actually have the copyright, so embedding the videos which are public in our blogs is done with their permission. The Spiders on Crack video went viral and the owner then disallowed embedding: I’d already posted it, and when you clicked you just got a warning “Embedding has been disallowed” and it wouldn’t play. I asked him to reconsider, maybe a thousand other people did as well, and he then made it public again. But you cannot play or embed a YouTube video without the uploader having given his permission for that at some point.

    Point being: unless they are in conspiracy with the blogger, the copyright violation is solely the uploader’s.

    #50965

    forestneeds
    Member

    “so is there any legality concerns from linking, and featuring copywrited images and videos..”

    There may be 2 questions here: one to do with linking, asked before the comma; and the bit brought up after the comma asking about copyright.
    Copyright should be simple enough: the content belongs to someone (usually someone else other than yourself); and it’s proper to get permission to copy.
    The legality of linking ( that is, telling someone where to find content) isn’t so clear cut. There’s a whole lot of documentation. In some circumstances if the owner doesnt want the content to be linked to, then it’s illegal.

    #51005

    mf12185
    Member

    I am just glad that I blog about Mixed Martial Arts. The MMA community is very tight nit, and you will virtually never get someone complaining if their pic has been used, or their site has been linked to, without permission. We (the MMA community) have a common goal, and that is to help spread the word about MMA and create and educate as many fans as possible and we dont let petty issues, due to greed, get in the way of that.

    #51006

    timethief
    Member

    @mf12185
    I salute your community for their attitude. We could use a lot more of it in the world today.

    #51007

    raincoaster
    Member

    I was very impressed that Second Life sent a letter to Darren Barefoot (out of the blue) saying they had no problem whatsoever with his spoof site “First Life.” The world needs more of that attitude. It speaks well for Linden Labs.

    #51008

    mf12185
    Member

    @timethief
    Thank you. It is refreshing isn’t it? To see people like that in the world we live in today with everyone putting greed before values. The sport of mma teaches you values, hard work, dedication, and discipline. Greed is not a part of it. The athletes in mma are in it for the sport and the competition. They are not like other athletes who dont care if their team wins or loses as long as they get a fat paycheck. Mixed Martial Artists are in there to win and compete in the best sport on earth, because that is what they love to do. They love the one on one competition aspect. We work together to try to create and educate as many fans of the sport as we can. You will never see greed get in the way of that.

    I also encourage all of you to check out my blog at mmalowdown.com. If you arent a fan of mma, you should really learn about it. I truly believe that mma is the purest sport and it has the best, most well rounded athletes in the world, bar none. I think if you read my blog and try to get educated on the sport of mma, you will be grateful.

    #51009

    timethief
    Member

    @mf12185
    I’m very familiar with the values you expouse; they mirror my own. I am a buddhist with 30 years of meditation practice and yoga practice as well. Setting that aside I ask: Have you noticed that we now have an Off-Topic forum? I’m asking because OOPS! you’ve turned the corner from writing about copyright issues and by placing the information above in this thread you are advertising. There’s a new thread in the Off-Topic Forum it titled Plug Your Blog Here where the information above would be appropriately placed so, I’m pointing you to it http://wordpress.com/forums/topic.php?id=7101&replies=9 Best wishes and happy blogging :)

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