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Why can't I have terms on my website that say how you can use my information? Examples where this is allowed: - Images/media (Creative commons) - Code (Open

Why can't I have terms on my website that say how you can use my information? Examples where this is allowed: - Images/media (Creative commons) - Code (Open source licenses) You say it isn't allowed for: - Personal data Unless I'm misunderstanding your philosophy (which seems to say copyright is OK, but public information must be public to all): You believe that it's morally OK for me to prevent a company selling my book, but not morally OK for me to prevent a company selling my name, job title and employer as a marketing bundle? Edit: An aside, it's really confusing that you seem to be editing your previous replies minutes after I responded. I thought HN only let users edit during the "no replies" period?

derefr 7y ago
> Why can't I have terms on my website that say how you can use my information? Neither Creative Commons nor copyleft (nor copyright in general!) can assert anything about private use. IP rights are commercial rights; they affect sellers of your IP. They don’t affect end-consumers of your IP. Note that even the GPL can’t force someone to publish the source of their GPLed-library-containing program, if they never publish the program itself, but only build it for their own private use. Why? Because, by broadcasting the code of your GPLed library, you granted people an implicit use-right to it! Not a redistribution right; not a derivative-works right; but a use right. (If this wasn’t true, then people would be breaking the law by reading “common” newspapers in a cafe, or by listening to the radio, since they never entered into any explicit contract with the distributor/broadcaster.) How does software licensing work, then? Mostly by 1. companies installing software on computers for their employees to use being considered IP redistributors; and 2. attachment of copyright through sampling when asset samples [e.g. brushes/textures in Photoshop] are distributed through the program. Other than that, there’s really no law forcing end-users to pay for software licenses. This is why e.g. WinRAR would never have been able to sue anybody. They published their shareware binary (without gating it behind a contractual relationship, like Adobe’s Creative Cloud installer); so now you have a use-right to it! > You believe that it's morally OK for me to prevent a company selling my book, but not morally OK for me to prevent a company selling my phone number? Copyright exists because your ability to make money from your own creative works hinges on your ability to exclusively license those works. If a publisher can get a redistribution license to your manuscript for free from a third party, why would they buy it from you? You having exclusive access to your phone number does not make you money; others having access to your phone number does not deprive you of money you could have made by keeping that information private. Thus, there’s no advantage to introducing IP law into this domain (the domain of facts.) There was a recent court case about someone creating a subway map by copying the raw data from existing subway maps, where the comments went deeper into this.
- Dayshine 7y ago
  Right, sure, I hadn't really thought about how copyright isn't really enforceable against individuals. That's very interesting. However, I'm really not sure how this is relevant to your moral stance on commercial use of "public" personal information. Why do you believe it's reasonable to prevent unauthorized commercial exploitation of creative works, but not to prevent unauthorized commercial exploitation of personal information. The former simply affects the small percentage of people who sell their works. The latter affects the vast majority of the population who receive targeted spam, have their information collated and sold for profiling, are victims of identity fraud when those databases are inevitably leaked, etc. For what it's worth, as I mentioned in my first comment, the GDPR absolutely gives me rights to control how my personal information is used. And the GDPR has a near total exemption for individual use. What benefits do you see of commercial use against the wishes of the person that published it that outweigh the risks? (making money isn't a benefit)
  - derefr 7y ago
    I think you got the wrong idea if you were thinking I was saying copyright isn’t enforceable “against individuals.” My example of copyleft was specifically about the thing the Affero GPL tries to avoid (to unknown success): the possibility of someone using GPLed libraries to set up a commercial web service. Because they never release the binary, but only have people interact with it over the Internet, there’s no derivative work being made available in the commercial domain. So copyright doesn’t apply. Even though you’re a company making money off GPLed libraries!
cthalupa 7y ago
>Why can't I have terms on my website that say how you can use my information? >- Personal data So there's a couple of things in play here. You can't (generally) copyright facts - "Cthalupa is a Rocket Surgeon for the Space Force since 2001", if true, would not be something that I could get a copyright on. https://www.newmediarights.org/business_models/artist/are_facts_copyrighted https://www.newmediarights.org/business_models/artist/are_fa... The second thing is that terms have to be agreed upon by both parties. If you give me information without us coming to an agreement on terms, I can't be bound by them. If you just put a link to a TOS on your website and don't require people agree to it before giving them access to data on your website, we did not enter into a contractual agreement.

derefr 7y ago

> Why can't I have terms on my website that say how you can use my information? Neither Creative Commons nor copyleft (nor copyright in general!) can assert anything about private use. IP rights are commercial rights; they affect sellers of your IP. They don’t affect end-consumers of your IP. Note that even the GPL can’t force someone to publish the source of their GPLed-library-containing program, if they never publish the program itself, but only build it for their own private use. Why? Because, by broadcasting the code of your GPLed library, you granted people an implicit use-right to it! Not a redistribution right; not a derivative-works right; but a use right. (If this wasn’t true, then people would be breaking the law by reading “common” newspapers in a cafe, or by listening to the radio, since they never entered into any explicit contract with the distributor/broadcaster.) How does software licensing work, then? Mostly by 1. companies installing software on computers for their employees to use being considered IP redistributors; and 2. attachment of copyright through sampling when asset samples [e.g. brushes/textures in Photoshop] are distributed through the program. Other than that, there’s really no law forcing end-users to pay for software licenses. This is why e.g. WinRAR would never have been able to sue anybody. They published their shareware binary (without gating it behind a contractual relationship, like Adobe’s Creative Cloud installer); so now you have a use-right to it! > You believe that it's morally OK for me to prevent a company selling my book, but not morally OK for me to prevent a company selling my phone number? Copyright exists because your ability to make money from your own creative works hinges on your ability to exclusively license those works. If a publisher can get a redistribution license to your manuscript for free from a third party, why would they buy it from you? You having exclusive access to your phone number does not make you money; others having access to your phone number does not deprive you of money you could have made by keeping that information private. Thus, there’s no advantage to introducing IP law into this domain (the domain of facts.) There was a recent court case about someone creating a subway map by copying the raw data from existing subway maps, where the comments went deeper into this.

Dayshine 7y ago
Right, sure, I hadn't really thought about how copyright isn't really enforceable against individuals. That's very interesting. However, I'm really not sure how this is relevant to your moral stance on commercial use of "public" personal information. Why do you believe it's reasonable to prevent unauthorized commercial exploitation of creative works, but not to prevent unauthorized commercial exploitation of personal information. The former simply affects the small percentage of people who sell their works. The latter affects the vast majority of the population who receive targeted spam, have their information collated and sold for profiling, are victims of identity fraud when those databases are inevitably leaked, etc. For what it's worth, as I mentioned in my first comment, the GDPR absolutely gives me rights to control how my personal information is used. And the GDPR has a near total exemption for individual use. What benefits do you see of commercial use against the wishes of the person that published it that outweigh the risks? (making money isn't a benefit)
- derefr 7y ago
  I think you got the wrong idea if you were thinking I was saying copyright isn’t enforceable “against individuals.” My example of copyleft was specifically about the thing the Affero GPL tries to avoid (to unknown success): the possibility of someone using GPLed libraries to set up a commercial web service. Because they never release the binary, but only have people interact with it over the Internet, there’s no derivative work being made available in the commercial domain. So copyright doesn’t apply. Even though you’re a company making money off GPLed libraries!

cthalupa 7y ago

>Why can't I have terms on my website that say how you can use my information? >- Personal data So there's a couple of things in play here. You can't (generally) copyright facts - "Cthalupa is a Rocket Surgeon for the Space Force since 2001", if true, would not be something that I could get a copyright on. https://www.newmediarights.org/business_models/artist/are_facts_copyrighted https://www.newmediarights.org/business_models/artist/are_fa... The second thing is that terms have to be agreed upon by both parties. If you give me information without us coming to an agreement on terms, I can't be bound by them. If you just put a link to a TOS on your website and don't require people agree to it before giving them access to data on your website, we did not enter into a contractual agreement.