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gj Michelob -> RE: I'll miss this place.. (Nov. 2 2017 12:49:59)
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In broad strokes:
The general rule is that the author of any material (writings, photographs or videos) contributed to social media platforms –Facebook, Instagram, Twitter and the like- owns its content.
However, many social media platforms have enacted Terms of Service (to which a contributor agrees when registering/setting up an account there, and can be changed unilaterally by the provider) limiting the scope of such general rule.
For example:
“Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.”
Absent such a proviso, that conveys not the property but a license (permission) to use without limitation the author’s content, the Service has no right to use that property. I am afraid, ForoFlamenco does not have such language in its Terms of Service, and therefore does not have that right/license, either.
However, yet, -but I state this with a measure of caution- if the new Forum should substantially be a continuation of the old one, transferring posts/content from one platform to the next would not infringe upon anyone’s property rights.
As a footnote, I must add, that in a more social rather than legal perspective, the concern is the unpredictable temper of some members who, in the past, have rushed to beat their chests and rend their garments whenever their “rights” had been allegedly violated on the forum. Simon neither needs nor deserves this grievance.
There are of course a number of possible solutions to this impasse, but I am afraid they would all entail a significant expenditure of both time and money. And if one were willing to invest accordingly, then it would be easier to devote that effort to save the forum –as is (with some added features, perhaps).
On a personal note: I have not posted here in a long time, but I recurrently read the regrettably shrinking pages of our beloved foroflamenco.
I will not mention and thank single members, as in doing so I would exclude many from the unlimited scope of my gratitude. In general, the great majority of members have contributed wonderful and entertaining material over the years, that it is indeed sad lose.
As to the unpleasantries scattered throughout these pages, in the twilight of this monumental forum –to quote Milan Kundera- “everything is illuminated by the aura of nostalgia”.
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