Who owns the content?

**subnet_rx** · 11-14-2006, 07:06 PM

I had a user who did some things on the forum (with a plugin) that other members thought was cheating. They then proceeded to nag him about it and call for him to be banned. This user then started deleting every post he had ever made on the forum (he's at 5000+). A mod then banned him. I logged on to all of this and a pm from the member stating that he would like all his posts removed. My mods and the few members that saw this going on thinks this is ridiculous and would make a lot of conversations seem inconsistent. My simple question to you is, who owns the content? If I say I do, then I'm liable for what someone else posts. If I say the member that posted it, then they are well within their rights to delete it. What's the status quo here on ownership on content?

**pfgannon** · 11-14-2006, 11:05 PM

Have you read your privacy policy, user agreement, etc?

**DrkSnpr14** · 11-14-2006, 11:29 PM

If you don't have a privacy policy, make one! In situations like this, you can use it to cover your ass.

Depending on the posts, make sure all content is copyright to the forum. When it comes to art, graphics, and other material posted though, you may want to remove it. In my case, there is a lot of art and graphics posted on my forums. I have made sure to recognize that any art or graphics users posts are strictly the copyright of them, but as for written posts, that's another matter.

**jumpenjuhosaphat** · 11-14-2006, 11:30 PM

Your TOS only states that you are not responsible for the user submitted content. It is a public forum, so the messages that are conveyed there are neither the property of their creator, or the owner of the forum, they were entered into the public domain, by will by it's creator, therefore, it is only up to you to decide whether or not the content of those posts are suitable for your forum, and to delete them as you see fit. The user who submitted the posts had to have understood the public domain aspect when he first began making the posts, therefore, he doesn't own the comments that he made, he is just responsible for creating them, same goes for you, you don't own them, you are only responsible for moderating them. So, with that said, ultimately it is up to you whether or not they stay or go, the user no longer has any rights to the posts because he has shown him/herself to be unworthy of even being a contributing part of the community. Did that make since? In other words, you have the say so, not him.

That's my opinion on the matter.

**iatbm** · 11-15-2006, 12:00 AM

You have ©MyHattiesburg.com in the footer

....
Experts will say if this is enough

**RedMatrix** · 11-15-2006, 06:22 AM

You can try to strip his account of all personal identifyable information, effectively deleting him from your database. You can change the screen name to something else, too. but the content stays.

**subnet_rx** · 11-16-2006, 08:10 PM

Thanks for all the replies. So, if I keep the content and do not let him delete it, am I therefore responsible for what he says? Or am I still staying within the realm of a third-party provider?

**CrystalShards** · 11-19-2006, 04:25 PM

No, he is responsible for what he wrote, but you decide whether it stays or not, because it's your board.

~Crystal

11-14-2006, 07:06 PM	#1
subnet_rx Groupie Join Date: Jun 2006 Location: Hattiesburg, MS Posts: 48	Who owns the content? I had a user who did some things on the forum (with a plugin) that other members thought was cheating. They then proceeded to nag him about it and call for him to be banned. This user then started deleting every post he had ever made on the forum (he's at 5000+). A mod then banned him. I logged on to all of this and a pm from the member stating that he would like all his posts removed. My mods and the few members that saw this going on thinks this is ridiculous and would make a lot of conversations seem inconsistent. My simple question to you is, who owns the content? If I say I do, then I'm liable for what someone else posts. If I say the member that posted it, then they are well within their rights to delete it. What's the status quo here on ownership on content? __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

11-14-2006, 11:05 PM	#2
pfgannon Apprentice Join Date: Jan 2006 Posts: 204	Have you read your privacy policy, user agreement, etc? __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

11-14-2006, 11:29 PM	#3
DrkSnpr14 Veteran Join Date: Sep 2006 Location: Alberta Canada Posts: 920	If you don't have a privacy policy, make one! In situations like this, you can use it to cover your ass. Depending on the posts, make sure all content is copyright to the forum. When it comes to art, graphics, and other material posted though, you may want to remove it. In my case, there is a lot of art and graphics posted on my forums. I have made sure to recognize that any art or graphics users posts are strictly the copyright of them, but as for written posts, that's another matter. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

11-14-2006, 11:30 PM	#4
jumpenjuhosaphat Apprentice Join Date: Oct 2006 Posts: 186	Your TOS only states that you are not responsible for the user submitted content. It is a public forum, so the messages that are conveyed there are neither the property of their creator, or the owner of the forum, they were entered into the public domain, by will by it's creator, therefore, it is only up to you to decide whether or not the content of those posts are suitable for your forum, and to delete them as you see fit. The user who submitted the posts had to have understood the public domain aspect when he first began making the posts, therefore, he doesn't own the comments that he made, he is just responsible for creating them, same goes for you, you don't own them, you are only responsible for moderating them. So, with that said, ultimately it is up to you whether or not they stay or go, the user no longer has any rights to the posts because he has shown him/herself to be unworthy of even being a contributing part of the community. Did that make since? In other words, you have the say so, not him. That's my opinion on the matter. __________________ Fans of the hit TV show LOST, come join my To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

11-15-2006, 12:00 AM	#5
iatbm Apprentice Join Date: May 2006 Posts: 348	You have ©MyHattiesburg.com in the footer .... Experts will say if this is enough __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - Submit your forums! To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - What happened in 2007 ? To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - free css templates, ...

11-15-2006, 06:22 AM	#6
RedMatrix daviddamian.com Join Date: Feb 2006 Location: back in TX Posts: 4,043	You can try to strip his account of all personal identifyable information, effectively deleting him from your database. You can change the screen name to something else, too. but the content stays. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - Free 3 day course

11-16-2006, 08:10 PM	#7
subnet_rx Groupie Join Date: Jun 2006 Location: Hattiesburg, MS Posts: 48	Thanks for all the replies. So, if I keep the content and do not let him delete it, am I therefore responsible for what he says? Or am I still staying within the realm of a third-party provider? __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

11-19-2006, 04:25 PM	#8
CrystalShards Apprentice Join Date: Mar 2006 Location: Indiana Posts: 346	No, he is responsible for what he wrote, but you decide whether it stays or not, because it's your board. ~Crystal __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

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