Friday, September 27, 2013

Terms and Conditions of Zistle.com

Has anyone else noticed this discrepancy in the Terms and Conditions for Zistle.com?

"The Zistle Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Zistle Website is the property of Zistle, its participants, suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights."

And later:

"All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to Zistle or the Zistle Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content."

Doesn't this mean that Zistle is both at once trying to claim they own everything on the site (so we should presume all information uploaded), but also claiming that they do not own information submitted by users?

And they can't claim ownership of most of the text on the site because that text isn't copyrightable because most is just data with no creative element. 

My favorite line of the Terms is this one: "Zistle respects the intellectual property rights of others, and requires that the people who use the Zistle Website do the same." To me, it seems that nobody in the hobby ever has or ever will respect the intellectual property rights of ball players' control of their likeness because if we did then we would be paying them royalties everytime we shared a picture of their face/likeness.

Just my thoughts...

No comments:

Post a Comment