Who Owns Blog Comments?

Socrates the Greek

Socrates the Greek

I Remember them....
Apr 15, 2006
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Here's a head-scratcher with a deceptively obvious answer: When a person comments on a blog or website, who owns, or owns the rights to, that comment? Is it the commenter or the blog/website publisher? It's a trickier question than we might think.
 
Socrates the Greek

Socrates the Greek

I Remember them....
Apr 15, 2006
4,968
36
48
Risus said:
Do you have a link to a site confirming this? It is an interesting question.
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My good pal Risus here is the link,


Information You Send to Us

We welcome your feedback on our products and services. To avoid dispute, however you agree any information that you send to us, including but not limited to all suggestions, ideas, concepts, messages, emails, samples, and all other Content or submissions shall be deemed, and shall remain, the property of Graphisoft and you hereby assign all rights in the Submissions to Graphisoft. If for any reason any rights in any Submissions are not assigned, you hereby grant Graphisoft a perpetual, irrevocable, fully paid license to use the Submissions for any purpose whatsoever. You also hereby give your consent for Graphisoft to use your name in connection with your Submissions, or for promotional purposes.


http://www.graphisoft.hu/frontpage/termsofuse.html

The Communications Decency Act (so far) has protected bloggers from being liable for third party comments. Though they've tried, lawyers have had a tough time in court going after bloggers for something a commenter said. They have had more success in going after the commenter, if they can force identifying information from the blog host. This commenter liability would suggest a definite ownership of comments.

The truth here is the Blogger would not survive with out the commenter, therefore the intellectual writing of the commenter would fall under the category of 50 – 50 ownership.
 
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Risus

Risus

Genius
May 24, 2006
5,373
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Toronto
Soc, if you read the info in that link, you would have read that the info posted was the property of the web master, not the poster.
 
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Socrates the Greek

Socrates the Greek

I Remember them....
Apr 15, 2006
4,968
36
48
Risus said:
That is a nice link, but its only one person's opinion as to who owns what, nothing legal...
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Risus the thing here is, we do have some responsibility in insuring that we are careful with the posts we place on Blogs to insure that we don’t get involved in writing content that is not in the theater of deformation. One would think that the ownership of comments made by the commenter is at 50% for the Blog and 50% ownership for the commenter. Nether can survive with out the other.
 
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