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SI - Site Forums : Questions and Answers with SI Admin (s) -- Ignore unavailable to you. Want to Upgrade?


To: Edscharp who wrote (2928)5/21/2006 10:30:06 PM
From: Jeffrey S. Mitchell  Respond to of 4893
 
Ed, re copyright infringement, the operative word here is "actionable" as opposed to "illegal", IMO. For example, going one mile over the speed limit or jaywalking are "technically" illegal, but normally not actionable. As pertains to SI and message boards in general, a good practice is to always include a) the source of the material, b) the copyright, and c) a link to where you found the article. Please note this is coming from me, not SI. If I sere SI, I'd say something like "if you think something might be copyright infringement, don't do it." :)

- Jeff



To: Edscharp who wrote (2928)5/21/2006 11:26:38 PM
From: SI Bob  Read Replies (1) | Respond to of 4893
 
I have heard posters from other message boards (Yahoo, RB) claim that it is a potential infringement of copyrights to cut & paste news articles onto message boards.

You've heard correctly.

I'd like to know if you've ever had a case where some news agency or some other copyrighted entity has approached SI with a request to cease & desist, ban, bar or erase news articles or any other material that has been posted on the SI boards.

On numerous occasions.

If so, did you comply with the request?

I can't recall a time that we haven't, but could imagine a scenario in which we wouldn't. For example, if the person complaining about the infringement can't prove it's their material.

Have you ever taken punitive action against an SI poster who posted such material? If so, what kind of punitive action?

Not that I can recall. In each instance that I can remember, a warning was all that was needed.

Is SI in any way liable for postings of it's members?

Generally, no. A section of the Communications Decency Act ("CDA") takes sites like ours out of the liability loop. The liability for illegal posts begins and ends with the poster.

If copyright infringement is a legitimate issue is there a guidline that members need to follow?

I think I may be giving the same answer Jeff did.

Most publishers don't mind being partially quoted. It gives them exposure if done correctly. By "correctly", I mean adhering to some netiquette. Most simply don't want others presenting their work as if it were their own. Or making premium content available for free.

So here are my own guidelines, though they're by no means definitive, as it's up to the original work's author how they feel about even a phrase of their work being copied.

1. Good netiquette would be to quote only a short relevant passage.

2. It's equally good netiquette to give a link where posters can see the rest of the article.

3. Don't post anything you had to pay for access to.

Do the above, and most publishers are happy to get the exposure.

I've never personally seen a complaint where someone did all of the above. The complaints I've seen have been for copying articles in their entirety (whether proper credit is given or not, this is just plain bad manners and robs the publisher of a likely money-earning read of their work) or for copying premium content, like the contents of a report that's subscription-based.