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Old 05-20-2008   #9
Rcourt64
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Join Date: Feb 2006
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Default Re: Picture/image hosting sites?

Quote:
Originally Posted by RawAlex View Post
One of the best sidelines of an image host is that if you write the T&C correctly, you end up with an unlimited lifetime license without compensation (past the intial hosting) for all images, which can have some value later on depending on how you use it.

The downside? The courts have yet to rule on the concept of image hosting and the normal innocent host exemptions, especially if the images are presented on pages with advertising or otherwise edited or grouped by software or a third party. The whole question of model releases and (in the case of porn) 2257 still sits out there as well.

But in the style of the internet, go out there and make money and hope like hell that you aren't the 0.001% of the world that gets selected for that special lawsuit or legal action.
Ok, well T&C can be legally written for ownership of all uploaded content to server by company discretion? right? and with an non-ownership clause of content ownership? why should we be liable for 2257?
This is the way it should be legally played out.
But the concept of the "for profit" dominates the courts of this Nation and the adult industry by the balls, its not a matter or concerns of some legal 2257. Why you think this porn stuff flows for free all over the net?





PornTube does it? why can't smaller hosting sites?
Quote:
Originally Posted by PornTube Terms of Use
A. The PornoTube Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PornoTube does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
  • you own or have the necessary licenses, rights, consents, and permissions to use and authorize PornoTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
  • you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PornoTube, you hereby grant PornoTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the PornoTube Website and PornoTube’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the PornoTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the PornoTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the PornoTube Website.



<---this is Jaces idea, to end a post with one of these
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