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A comment on Did I Just Give My Permission? The Hashtag as Consent. Parent comment

Re:Did I Just Give My Permission? The Hashtag as Consent by wodenokoto on Saturday October 10, 2015 @10:27PM (#10367785)
All of those things are covered by the ToS and EULA, in which the users give the social network a free license to use content as they see fit, including relicensing. At least all major SNS has this type of licensing agreement with users.

If the network has an embedding feature, then we must assume that the network allows embedding of content that the network has the right to distribute. I'm quite surprised if Instagram has an embed feature, but says you need to ask permission to use it.

If you download the content and host it yourself, that is of course different and you need permission from either the user or the network.

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Re:Did I Just Give My Permission? The Hashtag as Consent by digisth on Saturday October 10, 2015 @10:37PM (#10367813)
They are covered in the TOS/EULA, but based on some of things that have happened so far and some of the things written about it, it's far from clear that this stuff would hold up in court. You might think it should, and I think it should, but who knows if a judge would agree:

http://www.jdsupra.com/legalnews/an-update-on-the-legal-impl...

http://www.buzzfeed.com/jwherrman/want-to-publish-a-twitter-... -

https://pando.com/2013/01/22/how-twitters-new-embeds-will-ma...

Clear as mud.

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Re:Did I Just Give My Permission? The Hashtag as Consent by toomuchtodo on Saturday October 10, 2015 @10:33PM (#10367801)
Historically, EULAs and TOSs that over reach have had those overreaching provisions nullified in court.

"You provide us a perpetual license to all of your works, as well as anyone else using your tweets, pokes, stories, etc."

With the current state of copyright law in the US, let me tell you how far that's going to fly in court.

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Re:Did I Just Give My Permission? The Hashtag as Consent by reagency on Saturday October 10, 2015 @11:41PM (#10367948)
How far?
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Re:Did I Just Give My Permission? The Hashtag as Consent by toomuchtodo on Saturday October 10, 2015 @11:59PM (#10367991)
Sibling post of mine has relevant citations.

Content is clearly owned by the user; why would someone get to use it anywhere off-platform without their permission?

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