FWIW I think I endorse Kat’s reasoning here. I don’t think it matters if it is illegal if I’m correct in suspecting that the only people who could bring a copyright claim are the authors, and assuming the authors are happy with the system being used. This is analogous to the way it is illegal, by violating minimum wage laws, to do work for your own company without paying yourself, but the only person who has standing to sue you is AFAIK yourself.
Not a lawyer, not claiming to know the legal details of these cases, but I think this standing thing is real and an appropriate way to handle
I’ve seen this reasoning a lot, where EA organisations assume they won’t get sued because the only people they’re illegally using the data of are other EAs, and and as someone whose data has been misused with this reasoning, I don’t love it!
This is a reason to fix the system! My point is that it reduces to “make all the authors happy with how you are doing things”, there is not some spooky extra thing having to do with illegality
TBC I do not endorse using people’s content in a way they aren’t happy with, but I would still have that same belief if it wasn’t illegal at all to do so.
And there are various things one could probably do to make it not illegal but still messed up and the wrong thing to do! Like make it mandatory to check a box saying you waive your copyright for audio on a thing before you post on the forum. I think if, like some of the tech companies, you made this box really little and hard to find, most people would not change their posting behavior very much, and would now be totally legal (by assumption).
FWIW I think I endorse Kat’s reasoning here. I don’t think it matters if it is illegal if I’m correct in suspecting that the only people who could bring a copyright claim are the authors, and assuming the authors are happy with the system being used. This is analogous to the way it is illegal, by violating minimum wage laws, to do work for your own company without paying yourself, but the only person who has standing to sue you is AFAIK yourself.
Not a lawyer, not claiming to know the legal details of these cases, but I think this standing thing is real and an appropriate way to handle
I’ve seen this reasoning a lot, where EA organisations assume they won’t get sued because the only people they’re illegally using the data of are other EAs, and and as someone whose data has been misused with this reasoning, I don’t love it!
This is a reason to fix the system! My point is that it reduces to “make all the authors happy with how you are doing things”, there is not some spooky extra thing having to do with illegality
TBC I do not endorse using people’s content in a way they aren’t happy with, but I would still have that same belief if it wasn’t illegal at all to do so.
And there are various things one could probably do to make it not illegal but still messed up and the wrong thing to do! Like make it mandatory to check a box saying you waive your copyright for audio on a thing before you post on the forum. I think if, like some of the tech companies, you made this box really little and hard to find, most people would not change their posting behavior very much, and would now be totally legal (by assumption).
but it would still be a bad thing to do.