Problem with Questions

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hacker

08 Mar, 2019 07:11 PM

I can't seem to post a question to the Questions forum. I've already tried twice, got no error messages, but my post just doesn't show up. https://helpdesk.dailykos.com/discussions/questions

  1. Support Staff 1 Posted by Daily Kos Staff on 08 Mar, 2019 10:21 PM

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    Hi, and thanks for asking.

    I'm not sure why you wanted that particular heading, but honestly, this one should work just as well. I've made your ticket private in case that is a concern.

    What are you hoping to learn?

  2. 2 Posted by hacker on 09 Mar, 2019 01:37 AM

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    Thanks for the quick reply.

    I thought the Questions heading was more appropriate. My issue didn't feel like a problem per se. Though I guess it could become one if I didn't ask. I've read you can get banned for copyright infringement.

    Without further ado here's the question I had submitted:

    NonCommercial CC license

    Is it permissible to embed an external image in a new diary if the image's Creative Commons license includes a NonCommercial clause, e.g., CC BY-NC-ND 2.0? https://creativecommons.org/licenses/by-nc-nd/2.0/

  3. 3 Posted by hacker on 13 Mar, 2019 04:17 PM

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    I've made the ticket public again in the hope of getting an answer from a community member.

  4. 4 Posted by siab on 13 Mar, 2019 11:55 PM

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    If I remember the last time I checked correctly, yes. You still need to give proper attribution to the original artist/photographer, but you should be good to go.

  5. 5 Posted by hacker on 14 Mar, 2019 04:45 PM

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    Thanks for your reply. I hope you're correct.

    On the one hand, my use of the image would indeed be noncommercial as I don't stand to benefit financially. On the other hand, I'd be using the image in the context of a commercial blog monetized through ads.

    I'm conflicted. I wish DK staff would weigh in. I assume they're overloaded or still researching the issue. If they simply don't have a good answer, they'll say so, right?

  6. 6 Posted by siab on 14 Mar, 2019 07:29 PM

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    Maybe.

    The breakdown, as I understand it, is that if the image were used on the Front Page, or by paid Staff, DK would either pony up the commercial fee, find a wholly free image, or go with an image from a site they already have financial arrangements with. However much we users may actually contribute to the bottom line of the site (or not), user diaries generally don't fall under the for-profit side of things..

    If you want a definitive answer for a particular image, go to the original source and specifically ask permission to reuse the image in this venue. Odds are you'll get it.

  7. 7 Posted by Nova Land on 14 Mar, 2019 09:16 PM

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    I think the reason why you're not getting a reply from the help desk on this could be because this is potentially dangerous legal territory for them. If they get involved in one instance of a DK user using a copyrighted image and advise the user on what the are and aren't allowed to do, then if another user posts a copyrighted image without the copyright holders permission that copyright holder could claim the DK site is responsible for the violation. You told this other user what they couldn't do, protecting that other copyright holder's rights, so why didn't you get involved this time to protect our rights?

    They may feel that, to be legally safe, they need to either advise every user what to do and what not to do, and monitor everything which is posted to make sure no copyright violations occur, or stay entirely out of it.

    As long as they say nothing and don't get involved, the legal responsibility is on the site users to make sure they're behaving properly regarding copyright. As soon as site admin gets involved in possibly copyright violations of some users, they become legally liable for copyright violations of all users. And since the help desk people don't have the time to examine every diary and every comment posted, they have to stay clear and leave the responsibility in the hands of the site users.

    That, at least, is my understanding. I could very well be mistaken, as I'm not a lawyer, but I think that's what I've read regarding in the past regarding this.

  8. 8 Posted by hacker on 14 Mar, 2019 09:18 PM

    hacker's Avatar

    @siab

    User diaries not counting as commercial is a great point. I wonder if it would hold up in court, as these diaries contain ads too. I truly don't know. Regardless, I appreciate your taking the time to reply.

    I guess I'll wait a few more days for an official answer. Then I'll reach out to the image source or look for a replacement with fewer restrictions. Thanks for the advice.

  9. 9 Posted by hacker on 14 Mar, 2019 09:47 PM

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    @Nova Land

    Thanks for taking the time to elaborate. I suspect you're right. Though I'd be surprised if an individual staffer's reply to a rather specific question could be construed as setting a sitewide precedent regarding copyright issues in general. But who knows? Except a lawyer.

    Still, DK staff should say something, anything really. Maybe along the lines of your reply, if that's how they feel. Or in private. I hope they'll get back to me when ready. They've always struck me as helpful and caring.

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