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	<title>Comments on: The Pinterest Grenade</title>
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	<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/</link>
	<description>the neverending reference interview of life</description>
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		<title>By: RSC Wales Learning Resources Blog</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6439</link>
		<dc:creator><![CDATA[RSC Wales Learning Resources Blog]]></dc:creator>
		<pubDate>Mon, 26 Mar 2012 15:08:58 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6439</guid>
		<description><![CDATA[[...] final, and what could be the biggest issue, is the discussions around copyright.  Several articles and blog posts have discussed the copyright agreement on the website puts the liability on the end user for any [...]]]></description>
		<content:encoded><![CDATA[<p>[...] final, and what could be the biggest issue, is the discussions around copyright.  Several articles and blog posts have discussed the copyright agreement on the website puts the liability on the end user for any [...]</p>
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		<title>By: Andy</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6317</link>
		<dc:creator><![CDATA[Andy]]></dc:creator>
		<pubDate>Fri, 02 Mar 2012 17:00:46 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6317</guid>
		<description><![CDATA[The idea of going back and reading all the ToS&#039;s for the sites I use is terrifying. Thank you for pointing this out.]]></description>
		<content:encoded><![CDATA[<p>The idea of going back and reading all the ToS&#8217;s for the sites I use is terrifying. Thank you for pointing this out.</p>
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		<title>By: The Travelin&#039; Librarian &#187; Blog Archive &#187; Thing #52: Pinterest</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6316</link>
		<dc:creator><![CDATA[The Travelin&#039; Librarian &#187; Blog Archive &#187; Thing #52: Pinterest]]></dc:creator>
		<pubDate>Fri, 02 Mar 2012 14:47:09 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6316</guid>
		<description><![CDATA[[...] more about all of the issues the service has raised over the last month. From copyright issues, to legal responsibility issues, to it’s relationship with Flickr; If I cared a lot about Pinterest I’d have to care about [...]]]></description>
		<content:encoded><![CDATA[<p>[...] more about all of the issues the service has raised over the last month. From copyright issues, to legal responsibility issues, to it’s relationship with Flickr; If I cared a lot about Pinterest I’d have to care about [...]</p>
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		<title>By: Bryant</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6313</link>
		<dc:creator><![CDATA[Bryant]]></dc:creator>
		<pubDate>Thu, 01 Mar 2012 22:08:41 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6313</guid>
		<description><![CDATA[Have you read the Wordpress ToS? 

&quot;Without limiting any of those representations or warranties, Automattic has the right (though not the obligation) to, in Automattic’s sole discretion (i) refuse or remove any content that, in Automattic’s reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Automattic’s sole discretion. Automattic will have no obligation to provide a refund of any amounts previously paid.&quot;

Same kind of waiver of financial liability, too. &quot;Indemnification. You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.&quot;

Andromeda is completely correct. The reason Pinterest is getting a lot of attention for this is because the nature of their service lends itself to copyright violation -- a lot of people won&#039;t think about whether or not a picture is copyrighted before they pin it. IANAL so I won&#039;t conjecture as to whether or not Pinterest is more at risk, legally, given the nature of the service they provide. But the terms are really standard and not onerous, IMHO.]]></description>
		<content:encoded><![CDATA[<p>Have you read the WordPress ToS? </p>
<p>&#8220;Without limiting any of those representations or warranties, Automattic has the right (though not the obligation) to, in Automattic’s sole discretion (i) refuse or remove any content that, in Automattic’s reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Automattic’s sole discretion. Automattic will have no obligation to provide a refund of any amounts previously paid.&#8221;</p>
<p>Same kind of waiver of financial liability, too. &#8220;Indemnification. You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.&#8221;</p>
<p>Andromeda is completely correct. The reason Pinterest is getting a lot of attention for this is because the nature of their service lends itself to copyright violation &#8212; a lot of people won&#8217;t think about whether or not a picture is copyrighted before they pin it. IANAL so I won&#8217;t conjecture as to whether or not Pinterest is more at risk, legally, given the nature of the service they provide. But the terms are really standard and not onerous, IMHO.</p>
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		<title>By: Andromeda</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6312</link>
		<dc:creator><![CDATA[Andromeda]]></dc:creator>
		<pubDate>Thu, 01 Mar 2012 20:21:58 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6312</guid>
		<description><![CDATA[So I&#039;m not going to speak to the liability-shifting part.  But if you&#039;re running a web site with user-generated content, you pretty much HAVE to put the copyright onus on users.  If it&#039;s on you, you have to have a system for vetting every single piece of content that gets posted -- and that&#039;s impossible.  I mean, literally impossible.  Think of how much stuff gets pinned to Pinterest (or uploaded to YouTube, or whatever) each day.  These sites simply don&#039;t exist unless they shift the burden of copyright compliance to users, because they don&#039;t scale.  And because they don&#039;t even bother going into business in the first place, because the liability risk is too staggering.

IANAL (though I HAVE spent an awful lot of time reading web site ToS and thinking about copyright, given where I work).  But my understanding of the DMCA is that, as a site with user-generated content, you have a liability safe harbor ONLY if you are not policing (i.e. assuming responsibility for) your users&#039; uploads.  You have a duty to investigate complaints and remove infringing material, but you essentially have a legal requirement NOT to assume responsibility, unless you want to expose yourself to more liability than you can even imagine shaking a stick at.

I think you would find, if you read other sites&#039; ToS, some pretty similar provisions; it&#039;s just that people notice Pinterest because it&#039;s the new hotness.]]></description>
		<content:encoded><![CDATA[<p>So I&#8217;m not going to speak to the liability-shifting part.  But if you&#8217;re running a web site with user-generated content, you pretty much HAVE to put the copyright onus on users.  If it&#8217;s on you, you have to have a system for vetting every single piece of content that gets posted &#8212; and that&#8217;s impossible.  I mean, literally impossible.  Think of how much stuff gets pinned to Pinterest (or uploaded to YouTube, or whatever) each day.  These sites simply don&#8217;t exist unless they shift the burden of copyright compliance to users, because they don&#8217;t scale.  And because they don&#8217;t even bother going into business in the first place, because the liability risk is too staggering.</p>
<p>IANAL (though I HAVE spent an awful lot of time reading web site ToS and thinking about copyright, given where I work).  But my understanding of the DMCA is that, as a site with user-generated content, you have a liability safe harbor ONLY if you are not policing (i.e. assuming responsibility for) your users&#8217; uploads.  You have a duty to investigate complaints and remove infringing material, but you essentially have a legal requirement NOT to assume responsibility, unless you want to expose yourself to more liability than you can even imagine shaking a stick at.</p>
<p>I think you would find, if you read other sites&#8217; ToS, some pretty similar provisions; it&#8217;s just that people notice Pinterest because it&#8217;s the new hotness.</p>
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		<title>By: Andy</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6309</link>
		<dc:creator><![CDATA[Andy]]></dc:creator>
		<pubDate>Thu, 01 Mar 2012 17:27:17 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6309</guid>
		<description><![CDATA[I think it&#039;s a healthy reminder that &quot;free&quot; online is not necessarily free. Nor is it free of restrictions as it is a service that people opt into. I would have hoped that they would be more robust about defending people&#039;s right of expression, but I guess that&#039;s not in their financial cards.]]></description>
		<content:encoded><![CDATA[<p>I think it&#8217;s a healthy reminder that &#8220;free&#8221; online is not necessarily free. Nor is it free of restrictions as it is a service that people opt into. I would have hoped that they would be more robust about defending people&#8217;s right of expression, but I guess that&#8217;s not in their financial cards.</p>
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		<title>By: Liz McCarthy (@mccarthy_liz)</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6308</link>
		<dc:creator><![CDATA[Liz McCarthy (@mccarthy_liz)]]></dc:creator>
		<pubDate>Thu, 01 Mar 2012 11:47:06 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6308</guid>
		<description><![CDATA[I do agree that it&#039;s pretty vague, but that&#039;s fairly common wording for policies and legal documents - I&#039;ve just used it in a document and have seen it in many legally vetted ones, especially in IT acceptable use policies. It IS there to cover them, but it&#039;s not designed to open up frivolous lawsuits (not saying it can&#039;t, just that it is commonly used). My gut feeling is that other copyright issues with Pinterest are the ones we should be concerned about!]]></description>
		<content:encoded><![CDATA[<p>I do agree that it&#8217;s pretty vague, but that&#8217;s fairly common wording for policies and legal documents &#8211; I&#8217;ve just used it in a document and have seen it in many legally vetted ones, especially in IT acceptable use policies. It IS there to cover them, but it&#8217;s not designed to open up frivolous lawsuits (not saying it can&#8217;t, just that it is commonly used). My gut feeling is that other copyright issues with Pinterest are the ones we should be concerned about!</p>
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		<title>By: Mike the Librarian</title>
		<link>http://agnosticmaybe.wordpress.com/2012/02/29/the-pinterest-grenade/#comment-6307</link>
		<dc:creator><![CDATA[Mike the Librarian]]></dc:creator>
		<pubDate>Thu, 01 Mar 2012 06:50:58 +0000</pubDate>
		<guid isPermaLink="false">https://agnosticmaybe.wordpress.com/?p=1340#comment-6307</guid>
		<description><![CDATA[Some good points, Andy. We are getting a lot of questions about Pinterest as well, and knowing these kinds of things is helpful for us.]]></description>
		<content:encoded><![CDATA[<p>Some good points, Andy. We are getting a lot of questions about Pinterest as well, and knowing these kinds of things is helpful for us.</p>
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