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RE: Digital Arts Copyrights On The Steem Blockchain (An App Idea): Could The Simplifaction Be Matched In The Legalities…?
If we were to do so, and then post the same stuff on Facebook - would we still be effectively signing over rights to the Zuckerberg mafia
Yes. If you own the copyright, then you post on FB, you're effectively signing the copyright over to facebook.
Personally, i think that this FB copyright thing is eventually going to wind up in front of the supreme court.
Thanks for your input. I was hoping you'd show up and contribute, given your legal background.
Do you mean you foresee Facebook being taken to court as the defendant, their terms challenges as a violation of copyright law?
Yeah, the only way this gets to court is with facebook as defendant. They're never actually going to go to court to try to assert these copyright claims. Its too risky for them. Because if they lose, they open themselves up to like a jillion lawsuits.
Either there could be a lot of complaints, and some government agency like the FTC could step in.
Or some activist lawyer or group of lawyers could try to start a class action based on the idea that the contract is unenforcable. To be enforcable a contract needs to have:
mutual consideration -- if we have a contract that says "rok gives sigmajin everything he owns." and nothing else, thats not enforcable. In a contract, both sides must derive a benefit.
Part of consideration is conscionability -- a one sided contract like "rok gives sigma his house and gets this takeout menu in return" isnt enforcable either.
I would start out by saying there is no mutual consideration. Facebook is taking ownership, then storing media that it now owns. Thats like me saying "if you give me the title to your car, ill keep it in my garage"
they would try to refute by saying that just storing the photos etc that have personal meaning to me and giving me access is consideration. A good lawyer would argue back that there are many services that provide this for free. That is to say that the service theyre providing is like my takeout menu.
there is also another requirement called "proffer and acceptance". FOr a contract to be enforceable, both parties have to be aware that they're entering into it. You could make the argument that 5 lines or whatever in their 40 page TOS isnt proffer and acceptance.