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New terms of use feedback

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  • Registered Users Posts: 1,048 ✭✭✭RoryW


    Boards will be boarded up by this

    Future postings will consist of

    98CF2A46806C430388D65CA83E5B3608-500.jpg


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    m_stan wrote: »
    Why not just post a link to your personal website / flickr etc? Surely a link can't be claimed under these t's&c's?

    I don't really know?

    In any event a photography forum with no photographs will be like the catholic church and no bishops :D


  • Registered Users Posts: 6,392 ✭✭✭AnCatDubh


    Crispin wrote: »
    Thanks Covey for pointing this out. Totally ruins the photo forum for me. Really disappointed. I will not be posting any more pictures and I will miss the opportunity to see some very talented photographer's work on this forum. Can we put together some sort of formal response from the forum members in an attempt to overturn this change in the conditions?????

    For reference, the original thread discussing this is over here.

    The discussion on the original thread was left with an invitation by Darragh for boards users to propose suitable and appropriate terms and conditions that people would find acceptable and an undertaking that such suggestions would be brought to the legal speaking people. A number of posters have done so and the thread is still open for more. Perhaps people could post helpful suggestions over on that thread.

    If all else fails (which I doubt) there are other options too - there is a boards (in name) flickr group which is bound by the flickr T&C http://www.flickr.com/groups/boards_ie/ if people find that more agreeable.

    As to the OP, yes ultimately it would effect what graphical content I would choose to contribute as I think it would do for most users.


  • Registered Users Posts: 8,219 ✭✭✭Calina


    I don't believe I got a response but I did point out that the vast majority of photographs posted to boards.ie/photography were not served from boards.ie servers but from pixie and flickr (amongst others).

    I'm not sure what bearing this would have on the T&Cs here.


  • Closed Accounts Posts: 3,764 ✭✭✭Valentia


    m_stan wrote: »
    Why not just post a link to your personal website / flickr etc? Surely a link can't be claimed under these t's&c's?

    Now I'd say Solomon might spend a little time on that one.


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  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    I haven't put any of my pics onto Boards.ie since it came into place, and have no intention of doing so - At most, I'll link to one of my sites. I know of several other people who frequent Boards that are going to do the same.

    I'm glad that Darragh has said they won't use them in any malicious way, but tbh, I'd prefer more comfortable wording.
    My understanding is that these are not active yet. Will read through the "Feedback" forum tomorrow but if they remain as stated above it will rightly shanghai this place!
    They are indeed in effect, afaik, they were in effect since we got the notes to say it was online.


  • Closed Accounts Posts: 3,764 ✭✭✭Valentia


    Darragh wrote: »
    Hi folks

    We are updating our Terms of Use and our site Privacy Policy. These will go live soon.

    We've put both pages up for your review:

    Terms of Use.

    Privacy Policy.

    This is the first revision of both documents and are an important step for us. We welcome all questions, though if there is something you disagree with, please do let us know below with your reason.
    Darragh

    Haven't seen any update on this situation and I read that as not being in place yet?


  • Registered Users Posts: 140 ✭✭GavinZac


    If I post an image, all I'm submitting is a link (albeit rendered in my browser as an image object with its source data from Flickr). It makes no difference to the Boards T&C if I link to my own image or to someone elses, the copyright and other rights belong to me or the other original owner; the same way that a journalist quoting Shakespeare in the Sun does not transfer copyright of Hamlet to the rag.

    Sure, Boards are free to claim, edit, profit from or whatever the sequence of letters that make up that link - img] - this is important to them lest they be sued for any profit they make; but in the same way that I can change the source data at the source, its rights remain there too. They have rights only to display the link I created; or indeed, to link to any image that they are allowed and licensed to use.


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    Fajitas! wrote: »
    I haven't put any of my pics onto Boards.ie since it came into place, and have no intention of doing so - At most, I'll link to one of my sites. I know of several other people who frequent Boards that are going to do the same.

    I'm glad that Darragh has said they won't use them in any malicious way, but tbh, I'd prefer more comfortable wording.


    They are indeed in effect, afaik, they were in effect since we got the notes to say it was online.

    I may be wrong in this, but if your photo "appears" on boards via "insert image" those T&C's may well apply.


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Covey wrote: »
    I may be wrong in this, but if your photo "appears" on boards via "insert image" those T&C's may well apply.

    Oh, I know, I mean by using...


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  • Registered Users Posts: 140 ✭✭GavinZac


    Hence:

    flickr-yahoo-logo.png.v2

    Boards.ie do not now own the rights to use the Flickr Logo for profit. They do, however, own the rights to the text I input to make it appear here.


  • Closed Accounts Posts: 3,764 ✭✭✭Valentia


    Covey wrote: »
    It says Revised: 23/12/2009.

    Oops. Missed that little lad ;-( Now that has changed my mood!!!


  • Registered Users Posts: 5,718 ✭✭✭.Longshanks.


    Would only posting tiny thumnail images that link back to bigger versions on flickr / pix.ie keep both sides happy?
    Not really the best solution but workable for the time being?


  • Registered Users Posts: 6,584 ✭✭✭PCPhoto


    Covey wrote: »
    Among the updated terms is this:

    "By making a submission to us, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties."

    I know a lot of discussion has taken place with regard to similar terms in Photography competitions and the like.

    Anyone find this offputting regarding the photography forum?

    just wondering ..... if you take a pic from another person and post it on boards without their permission ....will Boards.ie also accept the liability associated with any legal actions ?


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    Would only posting tiny thumnail images that link back to bigger versions on flickr / pix.ie keep both sides happy?
    Not really the best solution but workable for the time being?

    Really Boards need to decide whether they want a photography forum or not.


  • Registered Users Posts: 6,584 ✭✭✭PCPhoto


    Would only posting tiny thumnail images that link back to bigger versions on flickr / pix.ie keep both sides happy?
    Not really the best solution but workable for the time being?

    the terms indicate that posting a pic gives boards.ie rights to the image (ie. the original image)

    simple solution .... dont post a pic.


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    PCPhoto wrote: »
    just wondering ..... if you take a pic from another person and post it on boards without their permission ....will Boards.ie also accept the liability associated with any legal actions ?

    "You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licenses to same."

    You'd be in bother I'd say "


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Covey wrote: »
    Really Boards need to decide whether they want a photography forum or not.

    At the same time, a photography forum without images could prove quite an interesting concept.


  • Registered Users Posts: 6,584 ✭✭✭PCPhoto


    Covey wrote: »
    "You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licenses to same."

    You'd be in bother I'd say "

    talk about wanting their cake and eating it !!!

    they want the rights to any pics that we post ....but if something is illegal - its the original poster's problem.

    Funk that !!


  • Closed Accounts Posts: 222 ✭✭stunt_penguin


    Uh, guys, there is no uploading of images to the boards.ie server so we are not submitting images to their server, only links to the images.

    Whenever you post a link to one of your pics here then they own the right to publish and archive the link, not the photograph.

    tl;dr : calm down


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  • Registered Users Posts: 1,009 ✭✭✭KarmaGarda


    That's interesting. We might need confirmation on what this refers to. If I use IMG tags that renders as an image on the forum can they use that? As mentioned, surely not, but might be worth getting it clarified. They must be just referring to any image you have attached and therefore sits on boards.ie servers?


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Uh, guys, there is no uploading of images to the boards.ie server so we are not submitting images to their server, only links to the images.

    Whenever you post a link to one of your pics here then they own the right to publish and archive the link, not the photograph.

    Er...
    By posting any Material on or through Boards.ie, you grant us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials in connection with Boards.ie or the promotion thereof.

    Material =/= link.

    It's not specific so can easily mean the image posted.


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    Uh, guys, there is no uploading of images to the boards.ie server so we are not submitting images to their server, only links to the images.

    Whenever you post a link to one of your pics here then they own the right to publish and archive the link, not the photograph.

    tl;dr : calm down

    Well, you may be right or not as the case may be.

    A submission is not defined.
    Copying is automatically authorised by the person submitting ( also not defined).
    Servers are not mentioned.

    Clarification is urgently needed.


  • Registered Users Posts: 9,481 ✭✭✭projectmayhem


    Uh, guys, there is no uploading of images to the boards.ie server so we are not submitting images to their server, only links to the images.

    Whenever you post a link to one of your pics here then they own the right to publish and archive the link, not the photograph.

    tl;dr : calm down

    The wording says "by making submission to us" which does not necessarily refer to "uploading to our servers". It's slightly ambiguous and I certainly don't assume boards are planning on using photos submitted here for malicious purposes, but it is too ambiguous for me to want to post images here (sad because I just uploaded some to flickr etc. today I wanted to share).

    While I wouldn't suspect DeVore & co. of wanting to "own" our photos, what happens if daft.ie wade in with their share of the company and use these T's & C's to use the images to promote properties on their site? Not unthinkable in this day & age.


  • Registered Users Posts: 140 ✭✭GavinZac


    KarmaGarda wrote: »
    That's interesting. We might need confirmation on what this refers to. If I use IMG tags that renders as an image on the forum can they use that? As mentioned, surely not, but might be worth getting it clarified. They must be just referring to any image you have attached and therefore sits on boards.ie servers?

    > element. All you've given them as an input is that BBCode.  I think someone at boards has just copied and pasted the facebook t&c, without any awareness of the photography forum at all. However, hotlinking images (an image tag with its source on a different server) does not and has never, since the days of dial-up when hotlinking was akin to bandwidth theft, conferred any rights on the person displaying the image from another server.


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    The wording says "by making submission to us" which does not necessarily refer to "uploading to our servers". It's slightly ambiguous and I certainly don't assume boards are planning on using photos submitted here for malicious purposes, but it is too ambiguous for me to want to post images here (sad because I just uploaded some to flickr etc. today I wanted to share).

    While I wouldn't suspect DeVore & co. of wanting to "own" our photos, what happens if daft.ie wade in with their share of the company and use these T's & C's to use the images to promote properties on their site? Not unthinkable in this day & age.

    Or indeed further down the line, if the current staff members have moved, and the new staff take a alternative approach to the forum.


  • Closed Accounts Posts: 2,368 ✭✭✭Covey


    Fajitas! wrote: »
    Or indeed further down the line, if the current staff members have moved, and the new staff take a alternative approach to the forum.

    The current approach is bad as is. It's clearly defined in the T&C's. No "assurances" can override those


  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    Yet another classic case of Boards.ie LTD looking after the business at the cost of the community, something which the powers that be appear to be only interested in, despite many, many attempts in "feedback" to make it appear in favour of the "community".

    I don't put any financial value on my images as of yet, but I would be disgusted to find Boards using one of them for their own benefit. I love the Photo forum, lurk quite a bit and post when I feel I've something to contribute, but will happily move elsewhere if Boards.ie LTD can't do something to ensure the safety of the images posted/linked here.

    But hey, at least they're making more money than ever (probably), so everythings gravy :rolleyes:


  • Moderators, Arts Moderators Posts: 2,283 Mod ✭✭✭✭Chorcai


    Oh dear, seems like the saying if you dont want your stuff taken/coppied/used etc dont post/upload it to the internets is getting more true by the day.


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  • Banned (with Prison Access) Posts: 11,001 ✭✭✭✭Masada


    Ouch, This is defo a wakeup call for all those "I agree" buttons we click without bothering to read the terms.

    Until I am reassured that my property will remain my own after posting here, I'm afraid i woudlnt be comfortable with posting any more pics in any way (link or attachment) on the forum.

    Makes for a pretty poor Photography forum too huh., :(


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