Ask HN: Can this be viewed as 'stealing'?

#1

Post by fatguy » Thu, Jul 29, 2010, 11:54 PM UTC

I am building a webpage that will rely on user generated content, and I am banking on its success to make me a couple of hundred dollars so that I don't have to work part time, when I get back to college this fall.

To initially get the site going, I plan on using posts from various twitter users' tweets (which show up in keywords that I search for). Say, for example I search for #high and use the relevant tweets, would it be a copyright violation of any sort?

Also, this is based on some topic that is similar to some random highly followed twitter user's account (but he doesn't have a website associated with it) / and there is room for users to generate similar content. Would it be technically incorrect to register that domain, and create a website for similar content ? Should I ask that guy to partner w/ me ? (The domain is free, so i am assuming that there is no plans on his part to make such a website).

I feel that this might be viewed as unethical, but it all seems legal ?

This idea is inspired by the guy that created thathigh.com, so if you are that guy, I'd love to hear your thoughts too.

Re: Ask HN: Can this be viewed as 'stealing'?

#2

Post by wmf » Thu, Jul 29, 2010, 11:59 PM UTC

Please read http://twitter.com/tos and http://twitter.com/apirules

Re: Ask HN: Can this be viewed as 'stealing'?

#3

Post by fatguy » Sat, Jul 31, 2010, 4:35 PM UTC

wmf wrote: post #2

Please read http://twitter.com/tos and http://twitter.com/apirules

thanks.

Re: Ask HN: Can this be viewed as 'stealing'?

#4

Post by pbhjpbhj » Mon, Aug 02, 2010, 12:56 AM UTC

wmf wrote: post #2

Please read http://twitter.com/tos and http://twitter.com/apirules

http://twitter.com/tos

>You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

So if you're using their API in the correct way you're indemnified as a "partner" of Twitter.

In most cases a tweet will not be considered to be a work for the purposes of copyright, IANA[IP]L and this will vary by jurisdiction and content of the tweet. Compare it to quoting someone, you don't [ordinarily] need my permission to quote me; especially true if it can be considered to be reporting of current events.

As for morality; you'd need to be more specific, probably if you're not sure then it's going to be immoral to some extent.

You do mention:

>some topic that is similar to some random highly followed twitter user's account (but he doesn't have a website associated with it) / and there is room for users to generate similar content. Would it be technically incorrect to register that domain, and create a website for similar content

which sounds like you might be considering a trademark infringement of an unregistered mark or possibly "passing off" to some extent - ie masquerading your registered domain as if the content came from a particular Twitter user.

Re: Ask HN: Can this be viewed as 'stealing'?

#5

Post by fatguy » Mon, Aug 02, 2010, 3:49 PM UTC

pbhjpbhj wrote: post #4

wmf wrote: post #2

Please read http://twitter.com/tos and http://twitter.com/apirules

http://twitter.com/tos > You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distrib…

Would that really be infringement on my part ?

Its just a twitter handle. (But it is getting 100+ retweets for almost every tweet, and when I last checked, their following jumped from 80k to 100k+)

It concerns the 12-17 year old market segment, and it surprisingly not related to 'justin bieber.' Maybe its just me but it seems that this segment is being under-served.

I will try to correctly use twitter's API. I did try and get in touch with the owner of the handle, still waiting to hear back.

Thanks.