Wednesday, September 10, 2008

Nothing make me want to break the rules more than this kind of thing:

From a website I used to frequent...

[quote][quote]I went to the library the other day and do you know that every kid on the computer had it on ****? not!!! if I was a kid (and somtimes I am) I would be on facebook,myspace,cartoonnetwork and or nickelodeon not a **** site with a forum call "****" I mean do kids frequent "****" where mostly adults go to converse and mingle? (I don't think so) how about a forum for kids. you can call it ***kids. and I bet they would be more out of line than this forum.[/quote]

It does not matter, the rules are the rules.[/quote]
That's like waving a flag in front of a maddened bull...

Sorry, folks, I am a diehard miscreant, tortfeasor and general all-around rebel. It pisses me off when someone says, "It does not matter, the rules are the rules." Great logic, there, dude. I have battled against that kind of obfuscated fuzzy thing since childhood. Just because "it;s the rules" or "that's the way it is" doesn't mean there is any reason for it. Give Me A Logical Reason!!!

OK, no adult content. That's fine but it is not clear what is considered "adult content." What? Give me some clear boundaries. Not like I'm likely to post anything lewd or whatall anyway, but the question about definition is valid.

OK, no political topics. God, no. Not there. If I'm going to post something political I will do it someplace where I would get a good debate or, at the very least, some intelligent replies.*

It has become impossible to carry on anything that resembles an intelligent conversation at that site. Their TOS have become restrictive to the point of being draconian. For instance, claiming copyright on recipes. The only copyright (at least to my knowledge) that applies to recipes is a text introduction and the specific procedures and there is some considerable debate about that. For the site to "claim" recipes is just stupid. But, and here's a BIG rub, to use the site you must agree to the TOS which includes this:

BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 18 BELOW. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.



It goes on, though....


The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.


Nobody has attempted, up to this point, to dispute the discrepancy between the long-held legal opinion that, unless a photographer or originator, signs over copyright to a third party, that original material belongs, in perpetuity, to the original artist and the site owners "claim" to all those materials.**

I, for one, will not stop using my own photographs and text content for my own purposes. I suppose there will be a lawsuit filed by the site owners some time in future, but by that time I will be long gone.

Further, any site that feels it necessary to impose truly bizarre and legalistic TOS conditions on members is swatting flies with an M1 Abrams tank cannon.

Not only do I object strenuously to "waiving certain of my rights,"*** I remain a rebel and here's a big bronx cheer for you, ******* ********:

~~~~~~~~~~~~~~~~~~~~~~PPPPPPPPPPPPPP~~~~~~~~~~~~~~~~~~



* This is NOT to say that everyone posting there is a moron. Only a large percent are morons.
** The site is owned by a huge multinational entity so taking them to court would do nothing but bankrupt the plaintiff.
*** To those who would say, "You knew what the TOS were when you signed up. If you don't like them you are free to leave." I say, "I was a paid member of that site long before those TOS were put into effect. I have MY content here, MY text, it's MINE, not theirs. I object to your mindless natterings more than you can possibly imagine. Anyone who claims to be an intelligent adult shouldn't be putting forth stupid non-arguments like that. You can bend over and clutch your ankles, I won't. Not for you and not for them."

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Stop the Spying!

About Me

A hobby cook from the Midwest. Experiments, thoughts, new recipes, maybe even a photo or two... You noticed the pouting little girl with the words superimposed over her face? Growing up in the 60s and 70s the refrain of "there are starving children in [insert current poverty-stricken nation] that would love to have such... etc etc etc." I don't know that anyone actually believed all that but the image of a starving foreign child, holding out a bowl in hopes of being gifted with boiled tongue or green tomato pie, was pretty powerful. I do recall the kind of trouble kids would inevitably be in if they dared to say what most of us thought: "Well, then, send this stuff right on over to those poor, starving [insert country] kids." I don't usually post other people's photos, just my own. If you want to borrow or use one of my photos, I would appreciate your asking first. I usually don't mind but do hate having my work attributed to someone else. By the way, I found the photo of that pouting girl on the web with no attribution. If it's yours? We'll deal, ok? Thanks.
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