Who owns what we post?
To add to this, can we “disown” what we post? If it can be used against me but isn’t “mine”, it just seems like I’m always getting the short end of the stick.
As far as any legal liability, no, unless you’re successfully anonymous (VPN, tor, etc)
So shouldn’t some of the legal repercussions be shared with whomever “owns” what I post?
Generally you own what you post, but you have given a license to the site to display and use it. In the US, social media sites are protected by something called Section 230. This allows sites to display user-generated content without being liable for legal issues related to it, as long as they do a decent job of trying to moderate clearly illegal content.
Makes a lot of sense, thanks
I think this is something that should be clarified in the terms of service of the instance.
Nobody. It’s a public forum, anyone can take what you said and use it as their own.
From technical side, instance admins, community moderators, and you have the ability to remove them.
Might we easily make it more clear that the poster or the server owns them outright?
Hypothetically, a corporation federates and wants to monetize my posts. Can they do this? I’m not personally fixated on ownership (which could easily be viewed as my systemic privilege), but the pathway out of this type of thought in general doesn’t seem to be yielding all power to already powerful growth-based corporations. I didn’t create the current systems, but I do acknowledge their existence.
I think some user content may be subject to copyright. Depends on local law.
In very limited circumstances. While copyright applies automatically, it has to be registered with the Copyright Office for you to be able to enforce it. I doubt Lemmy posters register each of their posts with the Copyright Office.
The World Copyright Office then?
Oh wait, three seconds of googling suggests my posts are most likely covered when I post via my home instance in Australia.
“You don’t need to register for copyright in Australia. The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.”
That’s what I said.
While copyright applies automatically
You can’t enforce it without it being registered. Courts will reject any claim that is filled with unregistered copyright.
The concept of needing to register copyright does not exist in most countries. In many countries you just have it and you can enforce it.
Fediverse servers do exist outside of the USA so this is relevant for people who run those servers.
The same applies here in NZ (although my instance is currently residing in AU)
You own your original ideas, technically speaking. Just other people that view the board can use the ideas, copy it, or remix it into their own ideas as well.
As an analogy, say you buy a brand new red car, and you drive it on a public street. People who take a picture of the car don’t own the car, you do of course. They, however, own the picture of your car and can sell it, copy it, post it, whatever as they please.
It’s a little more nuanced than that. My understanding in the US, if you copyright your building, a person can’t sell the picture of your building standing alone, but can sell the picture of the landscape it’s in. In your example, If you took a picture of the car and said you designed and manufactured and are trying to sell it, that’s absolutely illegal. Litigating it and getting money from it is a different matter.
Well, let’s see what the ToS says. sh.itjust.works here.
Legal:
TBD
Oh.
