A little clarification on the AUP please.
- Thread starter Lizard
- 14 comments
- 1,492 views
- Status
- 87,651
- Rule 12
- GTP_Famine
Really, it's a moveable one.
By US federal law, you aren't allowed to drink alcohol until you're 21 (at least in public - some states have restrictions on private consumption too... it's a whole world of hurt dealing with State laws and federal laws), but we're not going to take any action against an 18 year old Brit talking about getting a skinful. Similarly you can do 175mph quite legally on an autobahn, so talk about exceeding US federal/State speed limits isn't automatically a problem (unless you mention that it was on the I-5).
Essentially, whatever you're talking about needs to be legal wherever you're talking about doing it. Certain things (sex and drugs and pirate keys) are legal in a very small number of territories and if in doubt we'll default to US law for those, but they're generally covered by other portions of the AUP.
By US federal law, you aren't allowed to drink alcohol until you're 21 (at least in public - some states have restrictions on private consumption too... it's a whole world of hurt dealing with State laws and federal laws), but we're not going to take any action against an 18 year old Brit talking about getting a skinful. Similarly you can do 175mph quite legally on an autobahn, so talk about exceeding US federal/State speed limits isn't automatically a problem (unless you mention that it was on the I-5).
Essentially, whatever you're talking about needs to be legal wherever you're talking about doing it. Certain things (sex and drugs and pirate keys) are legal in a very small number of territories and if in doubt we'll default to US law for those, but they're generally covered by other portions of the AUP.
- 19,707
- Alabamamania
We also do not permit any discussions of piracy (games, movies, software, et cetera), regardless of the nation in which you reside. Basically anything and anyone who knowingly breaks copyright law; somewhere out there, there's probably nations which do not respect copyright laws, but that matters to us and the type of internet presence we have.
If the GTPlanet Staff and/or Owner says something is not for discussion on our forum, our word is final. Rarely have we intervened in suppressing dangerous and/or illegal activity, but we can't be held responsible if someone does something stupid and injures/kills themselves and/or others, harms their financial situation, loses their job, or performs an illegal act, being that our forum contains information on automobiles, motorsport, and games that link them together.
When in doubt, contact an attorney...or just don't do it.
If the GTPlanet Staff and/or Owner says something is not for discussion on our forum, our word is final. Rarely have we intervened in suppressing dangerous and/or illegal activity, but we can't be held responsible if someone does something stupid and injures/kills themselves and/or others, harms their financial situation, loses their job, or performs an illegal act, being that our forum contains information on automobiles, motorsport, and games that link them together.
When in doubt, contact an attorney...or just don't do it.
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- 1,929
- Show Me State
- Stroker-Z28
I've often wondered how people are getting away with using pics from various sources in there series threads. In the racing series section, it's very easy to find pics posted that are ripped off from news sites, other racing sites, etc.. I realize that most people don't think there is anything wrong with that, but it is copyright infringement, and the people who actually own the rights to the pics may have a different view.
- 19,707
- Alabamamania
Well, we permit them for Fair Use discussion on this website. Basically, it's a case of "every other site does it", which is the point of discussion and disseminating information on the medium known as the Internet. An example: A screenshot or two of a televised automobile race for the purposes of discussion; okay by Fair Use doctrine. Showing a frame-by-frame account of many images, taken via screen shots...violation of copyright. Basically, discrete, limited, and non-liberal use of images or videos is okay. The thing is, Fair Use is rather (perhaps intentionally) vague, so it's best to use good judgement. However, if the person or entity holding the copyright objects for any reason, then we would have to remove the hot-linked or included images.
There's also the matter of someone using images that aren't theirs and suggesting they created it. That type of infringement would be dealt with. We'd figure it out soon enough. I don't think we've ever knowingly had that problem at GTPlanet, whereby one person slapped their copyright on someone else's work. Obviously, if you have a real claim that someone is violating your copyright to works you have created, please then contact us through the report button or private message — but please provide supporting evidence and documents — we aren't mind readers and the extremely trivial can't be taken with full seriousness. We have had many users claim that something or an identity is theirs (basically, look at this picture of "my car" or this photo of "me, being awesome"), but any serious claims have been dealt with under the AUP, which is a good catch-all for both egregious copyright violations and liars:
At some point, you have to ask yourself whether the poster is actually being helpful, or just trying to "absorb" (if not taking) the credit from the sweat of the brow of others. (Or are they just being annoying by posting 100 images in a thread about a new supercar?) Many images are released upon the internet for the simple purpose of promotion, so some copyright enforcement would be laughable (but technically valid). But to take, steal, deface, or derive the work of others who actually hold the copyright of some creative work, and claim as one's own is not acceptable.
On the other hand, there's plenty of freely-available, non-copyright images out there (for example: WikiMedia Commons, the images behind all you see on Wikipedia), if one shows a little bit of diligence on their part. Usually all that's required is a link back to the author and site, unless it's public domain. I will stress that Public Domain does not necessarily equal Freely Available, there's a big difference between the two: Any image on the web is freely available for viewing only; again, the whole point of the Internet...but that doesn't mean its further re-use and ownership is transferable, unless otherwise stated. Lastly, every work that does not have a copyright on it should be expected and assumed to have a copyright on it; lack of a copyright symbol and or author's name does not constitute that it is part of the public domain or a free and/or distributable work for others to modify or make further re-use of, unless otherwise stated (Creative Commons, for example), or permitted by copyright law (by expiration of said law, by expressed permission of a law, or of a work that is "uncopyrightable").
We've got some great real-life photographers and artists on our site, many of which would like their own works respected in the manner for which they choose for their works. Even someone using a cell-phone camera or toy film camera has the same rights under the law as an Ansel Adams; so whether the work is precise or imperfect, is impressive or unimpressive, a masterwork or the result of a drunken escape, and within the bounds of GTPlanet.net's Acceptable Use Policy, equal treatment as well. Yes, there's exceptions to all this as well, freedom of panorama, public-versus-private property images, local personal rights/responsibilities, model-release rights, use of your own image (your face/body) as you see fit, not to mention that certain websites make you partially surrender your rights of re-distribution when you upload them (such as Facebook)...this merely scratches the surface.
This should cover most situations, I think. Please feel free to edit or discuss as necessary.
There's also the matter of someone using images that aren't theirs and suggesting they created it. That type of infringement would be dealt with. We'd figure it out soon enough. I don't think we've ever knowingly had that problem at GTPlanet, whereby one person slapped their copyright on someone else's work. Obviously, if you have a real claim that someone is violating your copyright to works you have created, please then contact us through the report button or private message — but please provide supporting evidence and documents — we aren't mind readers and the extremely trivial can't be taken with full seriousness. We have had many users claim that something or an identity is theirs (basically, look at this picture of "my car" or this photo of "me, being awesome"), but any serious claims have been dealt with under the AUP, which is a good catch-all for both egregious copyright violations and liars:
• You will not knowingly post any material that is false, misleading, or inaccurate.
At some point, you have to ask yourself whether the poster is actually being helpful, or just trying to "absorb" (if not taking) the credit from the sweat of the brow of others. (Or are they just being annoying by posting 100 images in a thread about a new supercar?) Many images are released upon the internet for the simple purpose of promotion, so some copyright enforcement would be laughable (but technically valid). But to take, steal, deface, or derive the work of others who actually hold the copyright of some creative work, and claim as one's own is not acceptable.
On the other hand, there's plenty of freely-available, non-copyright images out there (for example: WikiMedia Commons, the images behind all you see on Wikipedia), if one shows a little bit of diligence on their part. Usually all that's required is a link back to the author and site, unless it's public domain. I will stress that Public Domain does not necessarily equal Freely Available, there's a big difference between the two: Any image on the web is freely available for viewing only; again, the whole point of the Internet...but that doesn't mean its further re-use and ownership is transferable, unless otherwise stated. Lastly, every work that does not have a copyright on it should be expected and assumed to have a copyright on it; lack of a copyright symbol and or author's name does not constitute that it is part of the public domain or a free and/or distributable work for others to modify or make further re-use of, unless otherwise stated (Creative Commons, for example), or permitted by copyright law (by expiration of said law, by expressed permission of a law, or of a work that is "uncopyrightable").
We've got some great real-life photographers and artists on our site, many of which would like their own works respected in the manner for which they choose for their works. Even someone using a cell-phone camera or toy film camera has the same rights under the law as an Ansel Adams; so whether the work is precise or imperfect, is impressive or unimpressive, a masterwork or the result of a drunken escape, and within the bounds of GTPlanet.net's Acceptable Use Policy, equal treatment as well. Yes, there's exceptions to all this as well, freedom of panorama, public-versus-private property images, local personal rights/responsibilities, model-release rights, use of your own image (your face/body) as you see fit, not to mention that certain websites make you partially surrender your rights of re-distribution when you upload them (such as Facebook)...this merely scratches the surface.
This should cover most situations, I think. Please feel free to edit or discuss as necessary.
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- 4,579
- Houston, TX
- astrosdude91
I've always wondered something. Is it still against the AUP to discuss illegal activities if you aren't the one committing said activity? Let's use the Opinions and Current Events forum as an example. Would a thread discussing a murder or something be considered discussing illegal activities? Since in most countries murder is considered a criminal act.
- 33,155
- Hammerhead Garage
- 15,994
- United Kingdom
- haitch40
- Xbox?
I was wondering what the stance on things like canabis is as its legal in holland and alcohol is illegal in much of the middle east.
- 87,651
- Rule 12
- GTP_Famine
Famine
Talking about cannabis = fine; Talking about taking cannabis or where to get some good kush = not fine. Netherlands is an exception, the default position is US law.
Talking about alcohol = fine; Talking about drinking alcohol or where to get some good ouzo = fine; Saudi is an exception, the default position is US law.
BUT talking about drinking alcohol in Saudi or where to get some belting moonshine in Saudi = not fine. That's using the forum to violate law and discuss illegal activities...
Smallhorses
Staff Emeritus
- 7,260
You need to use a little common sense when, and where discussing things like this.
If you're discussing whether or not Cannabis should be legalised or not in a rational manner, with good reasoning, say within the Opinions Forum, that's not obviously, the same as trying throughout the forums to promote the
userbase getting high, fun ways to build bongs or illegally trying to sell your homegrown stash.Similarly, while it's perfectly legal for me to go out and purchase enough Whisky or beer to fill my entire home, provided I pay the appropriate taxes and duty on it within my Country and State of residence, or for me to discuss brewing my own beer since that's also legal here, it's also not appropriate to discuss how to sell my garage full of home-distilled hooch (I don't have this!) to minors (which would be really stupid and land me in jail!) for example, since it's a) illegal to distill spirits without a licence and b) illegal to sell alcohol to a minor.
There's nothing to stop people from the Middle East voicing their opinions here as to why alcohol should / shouldn't be banned or permitted wherever, either, nor is there any reason why I shouldn't be allowed to tell you what I thought of a particular beer, but,
's AUP contains this paragraph:AUP
If you, for example, were to read my review of a beer on this website, and decide to go out and try it for yourself, knowing full well that you're not legally allowed to buy it because you're not of legal age, or because alcohol isn't legal in your country, then you, and you alone are responsible for your actions, and the consequences thereof.
Road traffic laws also require common sense, e.g. while it's perfectly acceptable and legal for me to make a right turn at a red light while I'm at home in California, it'd be pretty stupid (if not suicidal!) for me to advocate or promote doing likewise while I'm visiting my family in England!
*EDIT* Bah. Tree'd by you know who...
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