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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

#171

Earlier quoted context omitted.

Yeah, so my thought when I bought it was to offer to sell it back to Disney for $25k or something. I could most likely get a pro-bono defense while Disney would pay a lot more than that in a lawsuit which I would most likely win. Most likely. I still haven't acted on it yet.

I could fly to Moscow and defeat the Russia Mafia in unarmed combat. Or I could blackmail Disney in a lawsuit. The Russian Mafia think my chances better beating them than Disney.

[deleted]

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

#172
I wonder if this might set a new precedent, what if you don't even need to really post anything to automatically be subscribed to some arbitrary TOS. ie I'm thinking of someone visiting a website and scrolling, and now all of a sudden all their public content on the web is no longer theirs!

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

#173

Earlier quoted context omitted.

How is that a copyright violation, though? The tweets are publicly available on the internet, and presumably the maker space is just showing the Twitter website like anyone could themselves…

Lots of songs are available on public radio broadcasts, that doesn't mean I have the right to remix them and play them in my concert hall.

But surely other people can listen in when you play the radio?

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

#176

I've seen maker-spaces where a billboard was set up that automatically displayed a rolling marquee of tweets that had been sent with #TheMakerSpacesHashtag in the shop. ... can't help but wonder if the space put themselves at risk for being sued over a copyright violation if someone didn't like their tweet on that billboard.

How is that a copyright violation, though? The tweets are publicly available on the internet, and presumably the maker space is just showing the Twitter website like anyone could themselves…

Technically speaking, many things you create (including a tweet) are copyright automatically and to use them commercially requires a license. In this case either MakerSpace needs some sort of agreement with the author of each tweet or they need to claim fair use in order to be able to legally display it. You give twitter license to reproduce your tweets (through the ToS) so they can host them for your friends, for example.

Practically speaking it's almost certainly not a copyright violation. If you see a sign "Use #HashTag to see your Tweet on the jumbotron" and then proceed to tweet at it, you've agreed to the licensing terms (that your tweet will be displayed).

The only case where this gets hairy is if you didn't know that using #Hashtag resulted in it being displayed on the jumbotron and didn't want that. If MakerSpace displayed every tweet with #DoNotDisplay or something like that, then they clearly don't have license and have violated copyright law.

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

#178

Earlier quoted context omitted.

Lots of songs are available on public radio broadcasts, that doesn't mean I have the right to remix them and play them in my concert hall.

But surely other people can listen in when you play the radio?

That is, literally, a question for the courts to decide sometimes.

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

#179

Earlier quoted context omitted.

This reminds me of a book called "numerical recipes in C", full of algorithms that were very useful except you couldn't really use them because the authors protected their use with a very restrictive license.

You could use the algorithms, just not their implementation of the algorithms. If you rewrote it from scratch, following their text (not their source code), you were fully allowed to use it.

I'm curious how this works in the case of reinvention. Some algorithms are so simple that there is basically one canonical way of writing it. I'm assuming copyright doesn't cover the independent implementation in such cases?

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

#180
post #157

This isn’t unique to Disney. Delta Airline has been pushing #SkyMilesLife and other assorted hashtags for a while and they’ve had fine print that says they get a license to use the content with those hashtags. It was even on the signs hanging in the jet bridges back when people used to get on things called airplanes and travel to far off lands. Now it lives on through a website. > By tagging photos using #SkyMilesLif…

Can any lawyers chime in here? How would that actually hold up in a copyright lawsuit brought against them?

> an any lawyers chime in here?

They're too busy, on the clock

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