4 ms·

I wonder what would happen if I were to issue them a $5000/mo/piece retroactive license invoice for any/all use of my name/likeness/etc for their profit. I won

by jachee 7y ago

I wonder what would happen if I were to issue them a $5000/mo/piece retroactive license invoice for any/all use of my name/likeness/etc for their profit. I wonder what would happen if everyone did.

hedora 7y ago
I’d love to see a successful copyright case along these lines. I wonder if this can be combined with adding a “terms of service” to your FB profile. Corporations have perverted contract law to the point where their terms of service are binding even if you never read them, or are even aware of them. Turnabout is fair play, right?
- DominikPeters 7y ago
  In OP’s case, his profile includes pictures scraped from a privately hosted blog, where adding such terms would be a simple matter.
  - spockz 7y ago
    Wouldn’t the new terms and conditions only apply to the pictures after the TnC have been added? So any already scraped picture could still be used.
  - sneak 7y ago
    CFAA enforcement is only for large corporations. Try to get an AUSA to enforce CFAA violations against a big company as an individual person with a website and they will probably laugh in your face. Remember: there are two sets of laws in the US: ones that apply to you, and another set for large corporations that cooperate with the police and military.
Cthulhu_ 7y ago
A class-action suit that would probably last for a couple years and end in a settlement where the claimants - assuming they fill(ed) in forms x, y and z, would be entitled to at best a few hundred dollars. See also the Equifax settlement. I'd say Equifax is the best / most recent example about something like this.
- JumpCrisscross 7y ago
  > Equifax is the best / most recent example about something like this Equifax’s credit-data provenance is enshrined in law. Their mistake was in improperly distributing legally-owned data. Clearview does not have legal claim to individuals’ or Facebook‘s copyrights. Its mistake is more fundamental than Equifax’s.

by jachee 7y ago

I wonder what would happen if I were to issue them a $5000/mo/piece retroactive license invoice for any/all use of my name/likeness/etc for their profit. I wonder what would happen if everyone did.

hedora 7y ago

I’d love to see a successful copyright case along these lines. I wonder if this can be combined with adding a “terms of service” to your FB profile. Corporations have perverted contract law to the point where their terms of service are binding even if you never read them, or are even aware of them. Turnabout is fair play, right?

DominikPeters 7y ago
In OP’s case, his profile includes pictures scraped from a privately hosted blog, where adding such terms would be a simple matter.
- spockz 7y ago
  Wouldn’t the new terms and conditions only apply to the pictures after the TnC have been added? So any already scraped picture could still be used.
- sneak 7y ago
  CFAA enforcement is only for large corporations. Try to get an AUSA to enforce CFAA violations against a big company as an individual person with a website and they will probably laugh in your face. Remember: there are two sets of laws in the US: ones that apply to you, and another set for large corporations that cooperate with the police and military.

Cthulhu_ 7y ago

A class-action suit that would probably last for a couple years and end in a settlement where the claimants - assuming they fill(ed) in forms x, y and z, would be entitled to at best a few hundred dollars. See also the Equifax settlement. I'd say Equifax is the best / most recent example about something like this.

JumpCrisscross 7y ago
> Equifax is the best / most recent example about something like this Equifax’s credit-data provenance is enshrined in law. Their mistake was in improperly distributing legally-owned data. Clearview does not have legal claim to individuals’ or Facebook‘s copyrights. Its mistake is more fundamental than Equifax’s.