Yahoo wants to know how well their new video syntem works!

Matthew Flaschen matthew.flaschen at gatech.edu
Wed Jan 21 05:08:04 UTC 2009


Gene Heskett wrote:
> And as long as yahoo says in their TOS  that they own the copyright
for every
> character that passes through their servers, it will continue to be a mostly
> hate relationship on my part.

It doesn't say that (at least anymore).  In fact it says, "Yahoo! does
not claim ownership of Content you submit or make available for
inclusion on the Yahoo! Services."
(http://info.yahoo.com/legal/us/yahoo/utos/).  There is a "worldwide,
royalty-free and non-exclusive license" but that is fairly standard.

Even if it did claim copyright, it would be invalid.  You can't transfer
copyright by click wrap.  A "transfer of copyright ownership, other than
by operation of law, is not valid unless an instrument of conveyance, or
a note or memorandum of the transfer, is in writing and signed"
(http://www.copyright.gov/title17/92chap2.html#204).  Patents also
require an "instrument in writing"
(http://www.law.cornell.edu/uscode/35/261.html).

> I won't willingly suggest a solution that may be better, and have a yahoo 
> legal at the USTPO the next morning filing on what is basically a napkin 
> sketch picked up off the floor.  That is not right, and all of you should 
> have the same attitude.

They don't have the right to do that.

Best,

Matt Flaschen




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