language and mind

May 5, 2011

‘Hey, I’m just selling this; it’s not mine’

Filed under: business, language, law — Tags: , , — teresapelka @ 8:59 am

Carl Gustav Jung theories got shifted into the awareness of modern neurology long ago. Still, some Internet companies would be showing symptoms of a suckling archetype. Success in free publishing might become the unlikely common experience, should the primordial behavior be let dominate.

Specifically, the publishing and sharing platforms such as Associated Content or Delicious, becoming sold, have started bringing new terms of use that could trigger word associations.

The publisher to have taken over from the Associated Content, ‘just wanting to make things easier’, offers a new log in option to require accepting new terms of use. The terms no longer state that content providers are the exclusive owners of their work. Further, the publisher expects to be granted the right to produce derivative works from the content on their platform.

As for awareness again, it is probably enough to look at Wiedmaier’s Physiology to get the picture on what ‘derivative’ might mean. Arthur Vander, James Sherman, and Dorothy Luciano came up with quite a good book on human physiology. It’s title is ‘Human Physiology. The Mechanisms of Body Function’. Eric Wiedmaier, Hershel Raff, and Kevin Strang came up with ‘Vander, Sherman, and Luciano’s Human Physiology. The Mechanisms of Body Function’.

There are also the ‘Art Notebook to Accompany Vander Et Al.’s Human Physiology’ and the ‘Loose Leaf Version of Vander’s Human Physiology’. The ‘companions’ are not revisions. I read a Vander when I studied. Google search in the Wiedmaier shows much the content of the Vander, without inverted commas. This is what ‘derivative’ might mean.

Another ‘opportunity’, with the Delicious new owner – they do not claim any ownership to submitted content; they want the right to SELL it. The platform ‘does not claim any ownership rights in any such Member Content’. The ‘such’ does not refer to a clause exclusive of rights. Yet you are expected to grant ‘a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, SELL, transfer, publicly display, etc.’ your content.

‘Hey, I’m just selling this; it’s not mine’ – Northern District of California jurisdiction have been named by the publisher for the only legal authority here, however you like to travel. Maybe it is just my word association, but selling would be a transfer of ownership rights you have yourself. Otherwise, you do not have any right to transact. I would have another word association. It is the phrase ‘a valid contract’. I have parted with the publishers in a spontaneous act of individual sovereignty.

Please feel welcome to see my poetry corner

or my scribbling site

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