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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

#241

Post by pnw_hazor »

henryfjordan wrote: post #29
Consultant32452 wrote: post #25

Earlier quoted context omitted.

I have an anecdote about this. I worked at Disney for some time and a coworker was an avid 2nd amendment person. They left their firearm in their car as is legal for any employer with a very short list of exceptions. I think munitions development is one of the exceptions, and Disney qualifies because of their massive fireworks shows. I'm very foggy on these details as it's been many years since. Anyways, he was chatt…

If Disney explicitly told this guy's lawyer that was their plan, his lawyer would be game to let them drag it out because he'll get all his attorney's fees back at the end on Disney's dime. You have to legitimately believe you can succeed in court, you cannot just file stuff to slow the process. Now maybe they just implied that or something, but I very much doubt the story happened exactly as described.

Hmm, maybe that was what the plaintiff lawyer said to encourage the guy to drop a case he didn't want to do anymore after learning more of the details.

Often employee-side lawyers take cases based on contingency fees or shared/blended deals that mix hard money with contingency fees. If the case turns out to be a turd, some lawyers do just about anything to get out of it.

On the other hand, Disney's lawyers would have unlimited budgets and would be incentivized in stringing out the case as long as possible to get that sweet Disney money. They would have no interest in encouraging an early settlement unless they thought they would lose.

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

#242

Post by HenryBemis »

JackFr wrote: post #158
OrangeMango wrote: post #126

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.

You won’t win. The marginal cost to Disney of suing you is close enough to $0 that it’s not worth mentioning. Further the likelihood of a lawyer representing you pro bono in an unwinnable nuisance suit is much lower than you imagine.

Disney is a money printing machine. All they have to do is make another "Marvelous" movie or a "Space Fights" movie (yes that's XKCD) and that will add some more billions to their coffers. They got enough money to be dragging you to courts for another century. No pro-bono lasts that long.

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

#243

Post by HenryBemis »

DangitBobby wrote: post #219
warent wrote: post #181

Earlier quoted context omitted.

What if you can only have fun making the puppets while simultaneously murdering someone? Following your logic, Disney endorses murder. Complete nonsense.

That's silly. Making money is not illegal. A contract simply cannot permit something that is illegal, such as murder.

Frogpelt kinda touched this. You can take some creative licenses for example. Feel free to use "that photo" or "that sound" but not for profit. BBC let free their sound library, and you can use any clip you want, except not for profit.

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

#244

Post by KingFelix »

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…

Also, I believe the secondary form required is Form 27B/6

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

#245

Post by HenryBemis »

henrikschroder wrote: post #237
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.

Wow. From their terms of use: "Disney DTC LLC and/or its affiliates and subsidiaries (collectively, “Disney” “we” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Fox Searchlight, 20th Century Fox, National Geographic, or another brand owned or licen…

Did Twitter put them back to their place or they don't want to lose the ad revenue and let the muggles fight them off?

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

#246

Post by RonanTheGrey »

blotter_paper wrote: post #223
matheusmoreira wrote: post #135

Earlier quoted context omitted.

> There were many beneficiaries to its extension, large and small. The public did not benefit in any way from its extension. Quite the opposite: every time the duration of copyright terms is extended, the public is robbed of its rights so that corporations which have already made billions off of their copyrighted works can make even more money. When was the last time some copyrighted work entered the public domain? P…

I'm not a fan of copyright law, so don't take this limited factual response as an attempt at a general refutation of your points. >When was the last time some copyrighted work entered the public domain? January 1st, 2020: https://en.wikipedia.org/wiki/2020_in_public_domain

So, things made about 100 years ago are finally making it into the public domain..

I don't know.. I mean yeah, but something strikes me as really wrong about that.

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

#247

Post by thayne »

SteveNuts wrote: post #239
ww520 wrote: post #218

Earlier quoted context omitted.

Reinvention is ok in term of copyright. Patent would prohibit it.

What would happen if I patented "left pad" in a bunch of languages?

it would be an invalid patent (or at least should be), because 1. There is prior art 2. it is obvious to a domain expert But given the US patent office's track record, I wouldn't be too surprised if you were able to get a patent. Just don't expect it to hold up in court.

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

#248

Post by Dylan16807 »

cookiecaper wrote: post #131
alextheparrot wrote: post #107

Earlier quoted context omitted.

Some would argue that the undefined duration does not match “limited times” and that the copyright is no longer “promoting useful arts”. While some of these questions have been answered in Disney’s favour in recent times, it is clear that the “matter of law” is anything but clear.

This was adjudicated up to the Supreme Court: https://www.oyez.org/cases/2002/01-618 tl;dr: 7-2 as long as there is some type of time limitation, Congress is free to extend copyright terms.

The supreme court agreeing on something is a solid piece of evidence that something is correct, but it's very far from ironclad. Especially when it's not unanimous.

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

#249

Post by OOPMan »

SteveNuts wrote: post #239
ww520 wrote: post #218

Earlier quoted context omitted.

Reinvention is ok in term of copyright. Patent would prohibit it.

What would happen if I patented "left pad" in a bunch of languages?

The patent would get thrown out on review

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

#250

Post by pnw_hazor »

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?

"You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Twitter will not be responsible or liable for any use of your Content by Twitter in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit."

https://cdn.cms-twdigitalassets.com/content/dam/legal-twitte...

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