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Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

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Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#141

Post by komali2 »

qppo wrote: post #94
mangoman wrote: post #17

I think the value of hiring more experienced folks to run social media (i.e. not an intern, someone with any amount of experience) is that they can actually point out how ridiculous this will come off, and argue against this type of tweet. It really doesn't take that much corporate self awareness to see how bad it looks to try to force TOS on free speech on a public forum.

The Walt Disney Corporation doesn't have social media run by interns, they have one of the more active and experienced social media apparatuses out there. They have to, they're one of the largest media companies in the world. Ironically they militantly protect their brand, and have conflicting mandates and reasons for doing so (it's not just to keep the image, it's to keep others from deriving value from their brand)…

If this is considered world-class social media marketing by the Marketing World, I sense an opportunity for disruption via a social media agency that exclusively employs the Worst Marketers in the Marketing World.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#142

Post by Macha »

benibela wrote: post #125
colejohnson66 wrote: post #109

Earlier quoted context omitted.

Don’t be snarky. Anyways, this is from Twitters TOS[0 §5]: > 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, non­exclusive, royalty­free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Con…

What happens if you post a photo of GPLed code on it?

Not a lawyer, total speculation: I'd guess if your photo and sublicensing to twitter fell under a fair use exemption then twitter could use it, otherwise someone could send a DMCA takedown to Twitter to have it removed. If twitter itself then went on to use it claiming the license granted in the TOS, the TOS requires you abide by all applicable laws when posting content (which presumably includes copyright law) and so I imagine they'd try shift responsibility to you if faced with a particularly determined lawsuit.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#143

Post by hombre_fatal »

fortran77 wrote: post #64

Misleading title. Disney also claims you have to @ the account associated with the promotion. It's still odd, but not quite the same as claiming all use of the hashtag.

Yeah, some comments are clearly responding to the "wait, a company can own a hash tag?" clickbait of the title.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#145

Post by s_gourichon »

chasing wrote: post #30
hpoe wrote: post #11

Anyone that responds to this thread legally agrees to surrender all intellectual property posted or mentioned by them in any manner on the internet messaging forum hackernews located at news dot ycombinator dot com, hereunder referred to as the interweb place, will be the sole property of hpoe and those he chooses to designate. These terms may not be modified, altered, or amended except with written agreement of both…

Yeah, well anyone reading this message legally agrees to send me $20 in the mail.

Not sure this can work, but something similar did work.

Circa 2000 a French guy wrote a web page with some legal text and an e-mail address. The legal text said that writing to the e-mail address implied acceptation of a processing fee (about 10$ IIRC).

It went as intended: spam robots harvested the address, sent spam. The guy picked a spam e-mail that could be traced to a sender he could sue. He did and the judge ruled in his favour.

Can't find a reference now, but I remember seeing a scan of the court ruling.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#146

Post by cookiengineer »

dnautics wrote: post #113
ballenf wrote: post #86

Earlier quoted context omitted.

I love the precedent that Disney is setting here. Will be a little harder for them to argue against my Tweet next month: "Walt Disney World was awesome! Thanks to all the hard workers who made the day special. By replying to this Tweet, Disney Corp. hereby agrees to abide by the copyright laws in place as of the release dates of its motion pictures, instead of the longer dates obtained through perversion of the legal…

why not go nuclear? "Walt Disney World was awesome! Thanks to all the hard workers who made that day special. By replying or retweeting this Tweet, Walt Disney Corp. hereby agrees in perpetuity to sell to the owner of this twitter account for $1, per motion picture, an unlimited, license for any purpose."

Why not go pandemic?

> Walt Disney World was awesome! Thanks to all the hard workers who made that day special.

> By retweeting or mentioning this tweet, Disney agrees to grant every natural person that likes this tweet unlimited redistribution rights and has to pay each liking twitter account 1000 EUR per month per unique click.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#147

Post by lainga »

mschuster91 wrote: post #133
Frost1x wrote: post #97

Earlier quoted context omitted.

Much text in business has become the ever growing wrapper for: "As the writer, I get as much monetary value as I can or at least make you believe as such and you give up as much monetary value as possible, or at least as much as I can scare or deter you from seeking. I also have no responsibilities and all rights, while you have all responsibilities and no rights." It's simply expanded out a bit more and often gives…

You are right, the amount of garbage legal stuff has expanded - but mostly as a result of people doing shit they're not supposed to do. Let's take the email footer... and an email directed to the wrong person: in ye olde times, the recipient would go "not my crap, delete it" and that's it - but now, there is a real risk the recipient uses the information and publishes it, leading to monetary damage or penalties (e.g.…

Well, I've had enough of this damn legalese. You see where 200 years of peace gets you? The world used to be run on broad but simple threats, where all we had to do was swear fealty to the man in the iron helmet, or pay the iron price.

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#149

Post by komali2 »

jedberg wrote: post #92
tomcooks wrote: post #57

How do you fuck up so bad marketing to one of the biggest fanbases in the universe?

You start by making a trilogy with no coherent story across the three movies that ends by basically undoing the first two trilogies and go from there. (For the record I enjoyed the last three movies as general fantasy movies, they just didn't fit all that well into the mythology).

The "cool" parts were cool. The fights were way better than the clone wars trilogy. The return to using puppets and other physical props was great. Trying for a strong woman lead - excellent.

The characters - garbage.

The story - trash.

Spiking a star destroyer with a FTL ship - universe-ruining, but it certainly sounded dope.

It didn't "ruin" star wars though. Nothing can ever change how great the first (first-made) three movies were. Well, nothing other than destroying all original copies and only making available ones with bad Xbox-graphics 3d model aliens walking around directly in front of all the best shots. Oh wait...

Re: Disney claims anyone using a Twitter hashtag is agreeing to their terms of use

#150

Post by neltnerb »

MattGrommes wrote: post #96
mholt wrote: post #44

Update from Disney: > The above legal language applies ONLY to replies to this tweet using #MayThe4th and mentioning @DisneyPlus . These replies may appear in something special on May the 4th! https://twitter.com/disneyplus/status/1254849654585323525 ... as if that's really any better.

I took this as more like when you write a letter to a magazine and they say to write "Ok to print" so they can use it later. If you send them a message for use in MayThe4th celebrations, they can then use it in promotions.

Yeah, that's what it reads like for sure.

Shouldn't they be negotiating with Twitter for that though?

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