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 Administrative / Terms of Use / 604
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Subject: 
Re: New Terms of Use for LUGNET
Newsgroups: 
lugnet.admin.terms
Date: 
Tue, 19 Sep 2006 16:00:43 GMT
Viewed: 
3963 times
  
A few comments:

If you are under 18 years of age, ask your parent(s) or guardian(s) for
permission before using LUGNET and make sure they have read and understood
this Terms of Use document.

I realize that this was in the old version of the document, however I think it
might be good to change it to be a bit more proactive. As in "By posting, if you
are under 18, you are acknowledging that you have your parent or guardian's
permission to do so, or are capable of being legally responsible for yourself."
That could be worded better, I think, but basically very explicitly requiring
parental permission. Essentially, they could still comply with the rules as
written now, and *ask* their parents but get *refused* and still post just fine.

By posting messages, uploading files, inputting data, or engaging in any
other form of communication through this service, you are granting LUGNET a
perpetual, irrevocable, royalty- free, unrestricted, non-exclusive, worldwide
license to use, copy, publish, archive, restore, or display any such
communication in any medium online and offline.

Previously, there were two bits that always made me nervous, but were considered
to be important:

1) "adapt".  Technically, when LUGNET shows the "condensed" view of a post, it
may be considered to be "adapting" the post by automatically quoting *part* of
the message. As I understand it, "adapt" is meant to cover adaptation to various
mediums, where necessary. Hence, if some sort of new technology came along that
required LUGNET to adjust people's posts in order to "display" them, it's ok.

2) "sub-license". I think (as indicated elsewhere) that this was intended
initially to allow Todd & Suzanne the ability to license LUGNET content to a
publisher, who could produce something like a Lego-related book, or (as Todd had
mentioned, I think) a "best-of-LUGNET" CD. However, it may also be useful in
terms of displaying LUGNET's posts elsewhere. Say (for example) that LUGNET were
to feed another Lego site with an RSS feed, such that the other site was able to
publish LUGNET's data. "Sub-license" would cover that.

Before the numbered list, there should probably be a leading statement.
Previously, it started with: "It is a condition of your use of the discussion
groups that you do not:". This is a clear indicator that the list that follows
is a condition of the agreement, and not a recommendation. Not terribly
necessary, I suppose, but I'd probably opt for it.

Do not post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, racist, violence
glorifying or indecent information of any kind

It looks like "racist" and "violence glorifying" have been added, which I note
other people are commenting on quite negatively. While I would like some
additional clarification, I don't think this changes the actual content of the
TOU at ALL, seeing as "indecent", "obscene", "vulgar", and "profane" were
already present, and are extremely subjective, possibly including racist or
violence glorifying statements or information.

I think the question I (and others) may have is: what happens when something of
this nature comes up? If there is something which glorifies violence, are you
legally required to proactively remove the content? What happens if you don't?
Essentially, I think people's concern is that you will start removing posts
which glorify violence. Considering that it is very common to see glorified
violence used for humorous effect, people may be again concerned that their
"silly" or otherwise commonplace posts will be removed.

Another question, related: LUGNET does not actually host images which are
displayed in FTX, it merely facilities their display by automatically directing
the browser to another host. If violence-glorifying information is displayed on
LUGNET via a 3rd party, is this something that LUGNET is liable for?

Do not post information or material for commercial purposes which is not
reasonably related to LEGO toys or which contains advertising which is not
reasonably related to LEGO toys.

While this is a holdover from the old TOU, I'm not sure I like it. Hm. Consider
a discussion in off-topic.geek about which company's video cards you like using
on your computer. I'd like to think I have the ability to post a link to the
company's website during the discussion, but NOT have the ability to post an
UNSOLICITED link to their website (spam). Certainly if it's not Lego related, it
belongs in a non-Lego forum, but I would think that solicited advertisements
might be appropriate in certain circumstances.

Except where otherwise noted or where implicitly understood (such as
discussion group content created by users or images owned by the LEGO Group),
all material on this site is Copyright ©. All rights reserved.

It looks like it's missing something right after the copyright-- before it had
explicitly stated Todd & Suzanne, however perhaps it ought to specify
individuals (IE Todd, Suzanne, Rene) or simply "LUGNET" as an entity, which
perhaps can be described later.

DaveE



Message has 1 Reply:
  Re: New Terms of Use for LUGNET
 
Hi David, thank you very much for your suggestions. (...) I guess I catch it. Well, the basically (and let's face it: the theoretically) requirement is: "By using LUGNET, be at least 18 years old. Otherwise ask your parents for permission". If they (...) (18 years ago, 19-Sep-06, to lugnet.admin.terms)

Message is in Reply To:
  New Terms of Use for LUGNET
 
Hi, due to the fact that this site is now subjected to German law, there are new ToU for LUGNET. NEW (URL) OLD (URL) The ToU are now more clear, changes are as follows: Changes in "OVERVIEW AND DEFINITIONS" The headline is no longer "Overview and (...) (18 years ago, 18-Sep-06, to lugnet.admin.terms, lugnet.general, FTX) !! 

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