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Input Requested Terms and conditions for the International Skeptics Forum

This is a chestnut:

Copyright on content generated prior to TribeTech’s hosting of the Forum remains with the member, and such content has been republished on the Forum by the James Randi Educational Foundation pursuant to its license. All TribeTech content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Forum are copyrighted by TribeTech, and are protected by U.S. and international laws. Use of our content without our express prior written permission is strictly prohibited.

No, sorry, the JREF's license to publish does not and cannot transfer along with the database, no matter how often equivocation and other logical fallacies are applied. The JREF will not be publishing the posts because ownership and management of the forum is being transferred to Tribe Tech, and they do not hold license to the posts until and unless a user agrees to that license by posting on the new forum.

I suppose some rather tedious arguments could be made and probably have been made, however, the JREF does not own the content. License to publish applies only to the JREF is the publisher, not an heir or assign such as Tribe Tech, and if JREF insists and agrees that yes, indeed, The JREF is publishing forum content on Tribe Tech's forum, then lo and behold, the JREF will also have to assume responsibility for legal issues arising out of that publishing--boilerplate disavowal of responsibility for posts notwithstanding. You can't have it both ways without sharing the burden.

Either the JREF is separating the forum from its ownership and management or it is not.

WHATever...as long as personal, private information is removed it really doesn't matter much to anybody outside of a small circle of friends.
 
Pyrrho said:
This is a chestnut:

Copyright on content generated prior to TribeTech’s hosting of the Forum remains with the member, and such content has been republished on the Forum by the James Randi Educational Foundation pursuant to its license. All TribeTech content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Forum are copyrighted by TribeTech, and are protected by U.S. and international laws. Use of our content without our express prior written permission is strictly prohibited.

No, sorry, the JREF's license to publish does not and cannot transfer along with the database, no matter how often equivocation and other logical fallacies are applied. The JREF will not be publishing the posts because ownership and management of the forum is being transferred to Tribe Tech, and they do not hold license to the posts until and unless a user agrees to that license by posting on the new forum.

I suppose some rather tedious arguments could be made and probably have been made, however, the JREF does not own the content. License to publish applies only to the JREF is the publisher, not an heir or assign such as Tribe Tech, and if JREF insists and agrees that yes, indeed, The JREF is publishing forum content on Tribe Tech's forum, then lo and behold, the JREF will also have to assume responsibility for legal issues arising out of that publishing--boilerplate disavowal of responsibility for posts notwithstanding. You can't have it both ways without sharing the burden.

Either the JREF is separating the forum from its ownership and management or it is not.

WHATever...as long as personal, private information is removed it really doesn't matter much to anybody outside of a small circle of friends.
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Yeah, there's really no issue here. JREF might have liability for something originally posted on the JREF forum. Its liability isn't being transfered. The language is fine.
 
Loss Leader said:
Yeah, there's really no issue here.
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I've only just quickly read this stuff, so my understanding might be off, but isn't it that the data are being moved, then you get a chance to agree to new forum's t&c?

So what happens to transferred data if you don't agree to the new forum's t&c? Does a Jref forum member's content get deleted from the new owner's forum? If not, how will the new forum differentiate between content to which it has rights, and content to which it has none?
 
Lolly said:
I've only just quickly read this stuff, so my understanding might be off, but isn't it that the data are being moved, then you get a chance to agree to new forum's t&c?

So what happens to transferred data if you don't agree to the new forum's t&c? Does a Jref forum member's content get deleted from the new owner's forum? If not, how will the new forum differentiate between content to which it has rights, and content to which it has none?
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The JREF has decided to publish the content it has right to publish on the new forum. The cut off date will be anything before the change of ownership of the forum. Think of it this way the JREF has a licence to publish the content of members' posts in a book, the JREF does not have its own printing press so the book is printed and distributed by a book publisher. The book publisher does not own the copyright and the JREF is not seeking to reassign its licence.

The original copyright part of the registration agreement was created after receiving actual legal advice from a USA lawyer qualified in the USA to give such advice. I'm quite certain the JREF is legally in the clear to publish the content it does own a licence to on the new forum.
 
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Darat said:
The book publisher does not own the copyright and the JREF is not seeking to reassign its licence.
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Leaving aside whether a mere licensee can assign anything, the new forum owner is seeking rights greater than those that Jref has. If a member whose content is transferred does NOT agree to the new terms and conditions, the new forum owner may not deal with that content in the same way that it may deal with content of those who do agree. How is it going to differentiate between old content and new content? It'll have acquired everything, but may have rights to deal with only some of it.
 
Lolly said:
Leaving aside whether a mere licensee can assign anything, the new forum owner is seeking rights greater than those that Jref has. If a member whose content is transferred does NOT agree to the new terms and conditions, the new forum owner may not deal with that content in the same way that it may deal with content of those who do agree. How is it going to differentiate between old content and new content? It'll have acquired everything, but may have rights to deal with only some of it.
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There is the date of the post. Anything before the transfer the new owners would have no rights over. Anything after they would have some rights.
 
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