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The document ($PAGE + $NEW_JS_SCRIPT) is a new, different work. I doubt the added Javascript is a large enough change to be considered "transformative" and wort
by pdkl95 8y ago
The document ($PAGE + $NEW_JS_SCRIPT) is a new, different work. I doubt the added Javascript is a large enough change to be considered "transformative" and worthy of a separate copyright. The new work isn't a fair use of the original work, because it doesn't meet the statutory requirements[1]: 1) isn't a protected use (education, journalism, criticism, etc), 2) the original work is usually creative and (patently) published, and 3) the entire original work was included. Since the Javascript was added without without consent (or even any notification), we can assume GoDaddy hasn't negotiated with the original authors for a license to made derivative works.
Therefor this is probably a violation of copyright. Does anybody using GoDaddy for hosting want to sue GoDaddy? Statutory damages up[2] to $150,000 per work adds up fast.
[1] https://www.law.cornell.edu/uscode/text/17/107 https://www.law.cornell.edu/uscode/text/17/107
[2] actual damage amount in copyright cases varies a lot - this is simply an upper limit
- naniwaduni 8y agoSadly, I think they have their ass covered in their TOS, under "User Content Other Than User Submissions": "You hereby grant GoDaddy a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and GoDaddy’s (and GoDaddy’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party." I'll admit I didn't look that closely though.
- beokop 8y agoWhile you’re at it, why not sue for emotional distress? Or lost income for the time reading this instead of billing clients? I’m all for GoDaddy being held responsible but advocating this kind of copyright abuse is as ridiculous as it is scary. Are we going to start suing CDN’s for setting custom HTTP headers now?
- jopsen 8y agoYou've presumably given GoDaddy a license to serve your content if you're hosting it on GoDaddy. It's probably all covered by some user agreement. I think the important part is: Use a hosting provider you trust!