ways_back_room | (no subject)

(no subject)

This may be of interest to people who RP over AIM:

http://p066.ezboard.com/fdarkhoperisinginformationanddiscussionfrm43.showMessage?topicID=1.topic

Since I co-write original fiction via IM I intend to use YM from now on.

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AOL is the work of the devil (no, really - the whole thing just has CROWLEY WAS HERE! written all over it). And while they'd prolly be completely and utterly baffled if they ever tried to look in on a crackchat... well, yes. Still not very cool of them.

This is actually a perfectly standard disclaimer that allows the Feds to look into AOL's servers. I can pretty much guarantee to you that Yahoo Messenger has a similar item in their TOS.

Contrary to what this item says, it's not a change--it dates back to February 2004.

AIM is a program designed to copy your content onto AOL's servers, then copy it to other locations. It's what it DOES. The idea that you are 'talking' to your friends directly is an illusion created by metaphor. Every time you send a message through a messaging program--any messaging program--you are by the very nature of the program giving them the right to copy it to their servers.

The Internet is not private. It was not designed to be, and never will be. If you have a problem with that...

you're screwed?

Sorry for displaying my ignorance.

So, anything that I write via AIM is no longer my intellectual copyright but belongs to AOL to dispose of as they wish - yes, you're right - I'm screwed.

Everything you're writing now goes on to LJ's servers and belongs to them.

The thing about a TOS is, it isn't a contract. It's a notification. The servers belong to them. You're basically writing your fiction on their walls and then bringing your friends to look at it.

The Federal government WILL hold AOL responsible for what passes through their servers, whether AOL puts in a disclaimer like this or not.

What you have to your advantage is that AOL is not interested in you or your content. Could they, legally, steal a story you wrote over AIM? Maybe, albeit with a huge court case in which the ACLU and other heavyweights would SWING INTO ACTION and which would win them nothing but negative press. But the point is they aren't going through the logs looking for content to steal. Publishers are not out there going crazy looking for content; they have enormous slush piles already they're paying people to dig through.

Poor old publishers - I'd feel sorry for them if I didn't know so many hopeful authors.

Anyhow, thanks for the clarification. I think I'll go back to pencil, paper and the postal service!

*giggles madly* at the thought of AOL people looking through the crack-chat logs. They'd need double pay for that - but if Crowley had anything to do with it would probably have to give up their lunchbreak.

CROWLEY WAS HERE
AOHell. *giggles*

It's chiefly a legal caveat so that IMs can be used as court evidence, and I think you'll find it in pretty much any messenger program. I shouldn't worry TOO much about having your stuff stolen; given the amount of accounts on AIM, and the amount of inane crap (or crack) that most people put out, I highly doubt anyone at AOL is assigned to trawl daily for stuff to swipe. -_^

I mean, would YOU want to wade through tons of "a/s/l want 2 cybar" or "omg lololool9lollr3jo;l5!!!!!!"?

No, I certainly wouldn't want to have to trawl through that.

I have no problem at all with my conversations being recorded and honestly am not big-headed enough to believe that people will be queueing up to 'steal' my work but the thought that I could possibly publish something and have AOL take me to court over it is a little scary.

Any how, thanks for the reassurance.

I have no problem at all with my conversations being recorded and honestly am not big-headed enough to believe that people will be queueing up to 'steal' my work but the thought that I could possibly publish something and have AOL take me to court over it is a little scary.

Ohhh. That. No, they can't do that. From what you linked to:

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content.

Emphasis mine. When you write something, you have copyright. Right there. Bing. Submitting it on AOL doesn't change that--it just gives them rights, too. If you publish first, AOL could sue--hell, anybody can sue anyone for anything--but they would lose lose lose.

There *are* problems with writing fiction on the Internet, though--a lot of publishers want what's called 'first publication rights,' and posting something in your blog can count as first publication, believe it or not.

--John

posting something in your blog can count as first publication, believe it or not.

That is so silly - but I suppose it's the price we pay for the instant access to minds all around the world.

*considers* on the whole I think taking a little more care is a fair trade.

Yeah, anyway, it's good that people are willing to look at contracts and go "OMGWTF?" a lot; better than just blindly accepting things and signing without reading. But most examples of companies trying to "screw us over" are generally just them trying to cover their butts in case of Wacky Lawsuit Hijinks.

I mean, they're too busy putting up with customers and trying to make things go to sit in a back room rubbing their hands and grinning evilly over the latest plot to take over the intarweb. -_^

I wonder how long it will be before someone bring Ebil!AOL into Milliways as a character?

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