Re: a bitchin I go again..

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Karl Shah-Jenner <shahjen@iinet.net.au> writes:

> from the wonderful people at FUJI:
> http://www.fujicolor.com.au/en/Content/Home.asp
> 
> "Create your own FREE Photo Album Website at www.fujicolor.com.au/"yourname "

Hmm. "Free". Well, in order to provide any service for "free", you've
got to be pretty sure you can't suddenly find yourself being sued for
real ("non-free") money.


> But wait, there's more!  ..From their terms and conditions (in the little scroll box that
> no one scrolls through) I quote: "To enable your images or photographs to be uploaded and
> made available on the Service you grant to us and to any store which uses the Service and
> which you have requested upload your images or photographs to the Service, a non-exclusive
> transferable worldwide royalty-free copyright licence to reproduce, adapt or alter your
> images or photographs.

It's not totally clear what "adapt" etc refers to, but you are giving
them a number. If they multiply that number by 2 (for example), you
can't expect to be able to sue them for doing it. Obviously the Internet
operates by the transfer of numbers from one place to another: legal
attempts to apply notions of "copying" to the transfer of numbers are
frankly incoherent.


> You acknowledge that we have no control over the use of your images or photographs and
> shall not be held liable for any use, publication or copying of your images and
> photographs. You waive all rights of action or other claims you may have against us in
> respect of any such use, publication or copying."

In other words you have to indemnify them against losses involving
action by third parties. How much do you imagine they would have to pay
for an insurance policy against this? You think the income from
"advertising" (see http://www.useit.com/alertbox/9709a.html ) is going
to pay for this insurance policy?

Brian Chandler @ no, I'm no lover of megacorporations...
----------------
geo://Sano.Japan.Planet_3
http://imaginatorium.org/


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