| Author | Message | ||
| luciano favero (Ontogenetic1007)
Junior Member Username: Ontogenetic1007 Post Number: 90 Registered: 11-2002 |
wm hart >"take" in the second context means it is readily available to others who may partake of the ideas >(not actionable for something made public) and the expression (actionable under copyright if too >much is appropriated or copied). thank you Rob Lay "2. Who owns the intellectual property on FerrariChat Well, don't know this answer 100% yet. We have an expert on this topic on the board. Right now I believe each individual owns the intellectual property of what they post. However, I of course own the right to display or delete as I wish. Good question whether I could sell the site and information to someone else, I don't know." Subscriptions are a form of sale. >I guess that's possible in the future. >Do you have some examples from other sites and how it's handled. Assuming the risk of an Fchat / FTalk type of situation is nil, yes. >You come accross like you know these topics very well. In order to make meaningful suggestions and perhaps reach meaningful solutions, it is to a certain extent imperative for me (perhaps others) to understand the objective of the (compulsory?) subscription format, whether social, financial or otherwise. In the interim some personal observations regarding FChat: FerrariChat has emerged as an important conduit of explicit and tacit knowledge exchange in the Ferrari+ community. Paralleling your excellent observations in the "Economy BOOMING...." thread, the principal wealth of FerrariChat derives not from its explicit knowledge (technical database) which may be acquired elsewhere, but from its lively social interaction and enthusiastic community sharing (tacit knowledge). Regards. | ||
| wm hart (Whart)
Intermediate Member Username: Whart Post Number: 1718 Registered: 12-2001 |
Ben: you are pretty close. In the US, CR arises automatically, upon fixation of the work in tangible form, ie translating the idea from one's head into a fixed expression. That has been the rule here since Jan 1, '78, when the current Act went into effect. (Older law, governing pre-78 works, required publication with notice to vest statutory copyright; in rare instances, registration was permitted for unpublished works, like songs, to give them statutory copyright before publication; otherwise unpublished works remained protected under state law (or so-called "common law")protection). The March 1 '89 date has significance only because the US finally amended its law to conform to the "no formalities" regime of the Berne Convention, and thus dropped notice as a "requirement" for continued protection of published works. Copyright is one form of IP. The others traditionally are: patent, TM, trade secret, and miscellaneous rights of privacy/publicity and more generally, unfair competition. Luciano: "take" in the second context means it is readily available to others who may partake of the ideas (not actionable for something made public) and the expression (actionable under copyright if too much is appropriated or copied). | ||
| luciano favero (Ontogenetic1007)
Junior Member Username: Ontogenetic1007 Post Number: 88 Registered: 11-2002 |
>If, by "pd" you mean that it is out in the world, available for others to take, that's true. It may be desirable to define "take" | ||
| Ben Cannon (Artherd)
Intermediate Member Username: Artherd Post Number: 1193 Registered: 6-2002 |
Rob- since 1989 I belive, copyright has been an intrinsic act and right at the time of publication. Notice is not required (though it helps) to retain your rights. Nor does consentual publication (that's not dirty) in any way invalidate one's claim to copyright protection. Lastly, Copyright and Intellectual Property are not the same thing. I'll leave that to the lawyers to explain though. Wm hart, please correct my non-lawyer ass if I'm wrong  Rob- I agree, offer a Lifetime subscription option. Maybe something cool with it too. T-shirt, maybe a mousepad with a huge 288GTO picture, and tiny 'ferrarichat.com, we've got your ass now!' in the corner. I don't want to mess with it every 6mos. Best! Ben. | ||
| MFZ (Kiyoharu)
Member Username: Kiyoharu Post Number: 371 Registered: 2-2003 |
What is the method of payment accepted? | ||
| luciano favero (Ontogenetic1007)
Junior Member Username: Ontogenetic1007 Post Number: 87 Registered: 11-2002 |
Mitch Alsup (Mitch_alsup) "2. Who owns the intellectual property on FerrariChat " "If you mean the pictures, graphs, and various statements--they became public domain at the time you hit the post key. " This is not true. In fact copyright and patent laws exist to encourage one to partake in public discourse. | ||
| wm hart (Whart)
Intermediate Member Username: Whart Post Number: 1715 Registered: 12-2001 |
Mitch: be careful. The term "public domain" is often used to denote material that has lost intellectual property protection. Posting material to a website does not cause a forfeiture of copyright, notice has not been required in this country for works first published after March 1 1989 since that very date (the date the US acceded to the Berne Convention), and for pre-Berne works, while an omission of notice may have an impact if the publication was made with authority of the copyright owner, unauthorized publication without notice has no effect on the author's rights. Trade secrets may be lost through publication, including on the internet, and trademarks do not lose protection thru posting. If, by "pd" you mean that it is out in the world, available for others to take, that's true. But, i wouldn't say that music which is subject to unlawful file sharing on the internet is "public domain" in the first sense, if you get what i mean.... | ||
| Rob Lay (Rob328gts)
Board Administrator Username: Rob328gts Post Number: 6790 Registered: 12-2000 |
Mitch, it wouldn't be public domain if they put a copyright notice on it, would it? Then you could just copy paste from any website. | ||
| Mitch Alsup (Mitch_alsup)
Intermediate Member Username: Mitch_alsup Post Number: 1242 Registered: 4-2002 |
"2. Who owns the intellectual property on FerrariChat " If you mean the pictures, graphs, and various statements--they became public domain at the time you hit the post key. If you mean the format, color scheme, and layout fo FC itself; this remains RobLay's IP. | ||
| DES (Sickspeed)
Senior Member Username: Sickspeed Post Number: 7535 Registered: 8-2002 |
OUCH! Rob, do you take checks...? How much is the subscription...? | ||
| Rob Lay (Rob328gts)
Board Administrator Username: Rob328gts Post Number: 6783 Registered: 12-2000 |
DES pays per post, everyone else gets a commission! No one needs to worry about registering, you think I would leave everyone hanging?  When the board is ready to switch over, I will... 1) Close the old board down so it can only be used as an archive. 2) Send an email to all users with the new board link and detailed instructions how to register. 3) Redirect all www.ferrarichat.com traffic to the new board vs. the old one. Everyone will only have to register once, however, just because you are registered doesn't mean you will have 100% permissions. You will for the first 6 months, but when your subscription expires you'll just get a polite notice that you must resubscribe and there will be a link where to do so. Your registration never goes away, however, your permissions to post and view all threads will be based on keeping your subscription current. It will be very simple. Any questions? | ||
| PeterS (Peters)
Intermediate Member Username: Peters Post Number: 1685 Registered: 1-2003 |
yealy ='s YEARLY oops | ||
| wm hart (Whart)
Intermediate Member Username: Whart Post Number: 1712 Registered: 12-2001 |
Fanatic: it is generally accepted that when somebody posts something to a board like this one, that the board has the right to publicly display it, archive it, etc. That is usually implied by conduct. I believe the approach that will be taken here is to have people confirm as part of their acceptance of the Terms of Use, a nonexclusive license in favor of the board for these purposes, with the right to allow Rob to dispose of his rights in the site, and have these licenses go along. Keep in mind that a big part of the issue is usually not permission from the poster-that much is apparent from the very fact of posting--but instead whether the poster has the right to post the content, ie is it an infringement or violation of somebody else's rights. I have made a career out of that issue. Hopefully, you guys (and gals) and others will not find the terms unreasonable; they simply reflect the reality of the 'Net and Rob's inability to police and be responsible for our collective behavior. There will be provisions for notice in case of infringing or other improper content. But, as we all know, much of this has to be self-regulating. | ||
| PeterS (Peters)
Intermediate Member Username: Peters Post Number: 1684 Registered: 1-2003 |
DES..Yes, you must register. YOUR yealy price will only be $995 | ||
| Dom Vitarella (Dom)
Member Username: Dom Post Number: 531 Registered: 11-2002 |
Hey rob, what about an option for lifetime membership, so we don't have to reregister every 6 months? Dom | ||
| fanatic (Fanatic1)
Member Username: Fanatic1 Post Number: 574 Registered: 2-2003 |
Hey Rob, Couldn't you also have a "waiver of property" clause that stated anything posted can be sold, copied or reposted by owner of said site.......not that you would do this, but it is your site, and it could help you out possibly in the future............Also, yeah I'm confused when you say register and "for all those who haven't switched"...is there some pro active action that we as users need to be taking for Friday's conversion? | ||
| tony hopkins (Tonyh)
Member Username: Tonyh Post Number: 291 Registered: 12-2002 |
how will we register? fill out form and pay any subscription at the same time? [sorry if these questions have been asked before] | ||
| DES (Sickspeed)
Senior Member Username: Sickspeed Post Number: 7526 Registered: 8-2002 |
Um, did i miss something...? Register...? Rob...? Did i miss a thread...? Anyone care to help out this clueless post whore...? | ||
| Rob Lay (Rob328gts)
Board Administrator Username: Rob328gts Post Number: 6782 Registered: 12-2000 |
no registering until the board goes live, hopefully Friday night. | ||
| Rob Lay (Rob328gts)
Board Administrator Username: Rob328gts Post Number: 6781 Registered: 12-2000 |
Let me try to answer the best I can. Others can chime in and some we'll need to follow up on. Rob, A few questions if you don't mind: 1. What will the subscriptions entail To begin I will be keeping it simple (KISS). I think we're on schedule to go live with the new software Friday night. All existing users and even new users the first month will automatically get 6 months subscription. After the first month all new users or old users that didn't switch will start on the subscription cycles of 6 months. All users will have to renew their subscription every 6 months. The subscription allows you 100% access to view, post, search, and everything. If you aren't subscribed you can only view GFD and Tech Q&A. This is the way it is now, there's potential for various levels of subscriptions or even the permissions non-subscribed users can have. I will be very open to feedback on this. 2. Who owns the intellectual property on FerrariChat Well, don't know this answer 100% yet. We have an expert on this topic on the board. Right now I believe each individual owns the intellectual property of what they post. However, I of course own the right to display or delete as I wish. Good question whether I could sell the site and information to someone else, I don't know. 3. What is the FerrariChat privacy policy Bill and I are still finalizing this and the FC Terms of Use that everyone will have to accept on the new board if they want to post, but right now it's... PRIVACY: It is FerrariChat.com's policy to take reasonable measures to respect the privacy of FerrariChat.com's users. FerrariChat.com will take reasonable measures not to disclose information about you or the contents of your communications, other than Content that is publicly available or accessible via the FerrariChat.com Bulletin Board, except that FerrariChat.com may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any Content violates the rights of third parties; or (e) to protect the interests of FerrariChat.com or others. 4. Will 2. and 3. differ post subscriptions, if so how Thanks. I guess that's possible in the future. Do you have some examples from other sites and how it's handled. You come accross like you know these topics very well. Please keep the questions and suggestions coming, it's good for us to work through these openly in the community. Thanks, rob | ||
| tony hopkins (Tonyh)
Member Username: Tonyh Post Number: 290 Registered: 12-2002 |
Also, can we pre-register ? tony | ||
| luciano favero (Ontogenetic1007)
Junior Member Username: Ontogenetic1007 Post Number: 86 Registered: 11-2002 |
Rob, A few questions if you don't mind: 1. What will the subscriptions entail 2. Who owns the intellectual property on FerrariChat 3. What is the FerrariChat privacy policy 4. Will 2. and 3. differ post subscriptions, if so how Thanks. |