Re: [videoblogging] re: http://youare.tv/

2006-01-14 Thread Joshua Kinberg
All I'm saying is let's give them the opportunity to make adjustments
now that the issue has been brought up. Its probably not something the
service owners thought much about. Its likely they simply copied it
from somewhere else. Rather than continue to jump on them here, let's
give them the opportunity to make changes... they've listened and
responded to the feedback here and that's a good first start. They
have said they will revise the TOS and as yet I have no reason to
believe otherwise.

-Josh

On 1/14/06, JD Lasica [EMAIL PROTECTED] wrote:
 Josh, nice spending time with ya this week, but when you write:

 let's cut the guy a break.
 He's listening and interacting here. That's the first step.
 Legaleze like Terms Of Service agreements are hard to write. Nobody
 knows what to do here, and paying lawyers to do this gets expensive...
 and the lawyers can often come up with some draconian stuff anyway.
 Usually people just copy TOS from other sites just to get it up and
 get going. They often don't think about it and the users don't often
 read it.

 Not so fast. Look at Ourmedia's Terms of Service:

 http://www.ourmedia.org/rules

 The first line says:

 1. You own your own material. Ourmedia claims no intellectual property
 rights over the material you provide to our service.

 Simple, straightforward. Who wrote it? Me, someone with no law degree.
 Sure, a lawyer reviewed it afterward, but what your enterprise stands
 for has to come down from the top.

 Too many of us don't bother to read site TOS because we're trusting,
 or think it won't affect us.  We need to get educated and push back
 whenever we see outrageous terms such as these. Public exposure,
 criticism and even ridicule are the first steps toward that end.

 If I recall correctly, members of this list pushed back at BlipTV over
 its original TOS, and they quickly revised them.

 Let's see what YouAre.tv does in response. But I'd be surprised if
 they follow Ourmedia's example.

 jd lasica
 ourmedia



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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Ted Tagami



I didnt read the agreement in its entirety, but in the bottom half of 'graph 5B the agreement reads:

For clarity,
you shall retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to YouAre.TV, you hereby
grant YouAre.TV a worldwide, non-exclusive, fully paid-up,
royalty-free, irrevocable, perpetual, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of,
display, perform and otherwise exploit the User Submissions in
connection with the YouAre.TV Website and YouAre.TV's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the YouAre.TV Website (and derivative
works thereof) in any media formats and through any media channels. 

(Emphasis mine)


On 1/13/06, Andrew Baron [EMAIL PROTECTED]
 wrote:




I didn't read the terms, but however philanthropic it may be, asking people to sign away 
perpetual rights to their content, especially without even having a conversation, is about 
as extreme as it gets in terms of taking advantage and it certainly feels gross to even 
think about.

Is that really a term for using the service?

--- In videoblogging@yahoogroups.com, Ted Tagami [EMAIL PROTECTED] wrote:

 I should temper my last comments. I was too knee jerk. Still I strongly
 consider that you review what your objectives are with your current terms of
 service. Being more transparent on how you expect to make a profit from
 independently submitted content would help assuage any concerns.
 
 Regards,
 
 - Ted
 
 On 1/13/06, Ted Tagami [EMAIL PROTECTED] wrote:
 
  a site built by attorneys and movie producers for attorneys and movie
  producers.
  by signing up you are giving them a perpetual royalty free license.
 
  http://youare.tv/terms.php
 
  On 1/13/06, robert a/k/a r [EMAIL PROTECTED]  wrote:
  
   Anyone tried this one yet?
   http://youare.tv/?
  
   --
   cheers
   r
  
   Deconstructing the status quo, collaboratively
  
   My Vlog: http://r.24x7.com
   A Good Deal: http://foo.24x7.com
  
  
  
  
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Andreas Haugstrup
On Fri, 13 Jan 2006 22:31:53 +0100, Andrew Baron [EMAIL PROTECTED]  
wrote:

 I didn't read the terms, but however philanthropic it may be, asking  
 people to sign away
 perpetual rights to their content, especially without even having a  
 conversation, is about
 as extreme as it gets in terms of taking advantage and it certainly  
 feels gross to even
 think about.

I'm with you. Words like perpetual and irrevocable should always set  
off warning lights for any potential users.

Not to mention that kind of wording is incompatible with many uses of CC  
licensed material. Say I find a song licensed as by-nc. I say cool, I'll  
use that in my video. Then I upload to YouAreTv and I've already given  
away rights for the song that were not mine to give away! That's...  
counterproductive.

- Andreas
-- 
URL: http://www.solitude.dk/ 
Commentary on media, communication, culture and technology.


 
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Ted Tagami



David -

Your project looks promising. Any service that can raise the
signal-to-noise ratio is welcome in that it is harder and harder to see
everything that is out there. I agree with you that the medium has
changed and the indepenent voice can carry much farther than in the
past, howecer we need to be careful not to repeat mistakes that exist
on other platforms.

After hearing feedback from some of us, I commend you for taking your
ToS under review, and will continue to watch your site develop.

My Best,

- TedOn 1/13/06, esteban_k2 [EMAIL PROTECTED] wrote:




Ted, 

Right now we don't make any revenue from you videos. This clause helps
us to avoid any user from coming back and sue us saying HEY YOU OWE
ME $XXX. We are taking our terms down temporarily, and will have
counsel edit them to clarify that the model will change once we allow
users to share in advertising, and allow them to sell content through
youare.tv.

But please be advised that we are not looking to rip our content
creators off. 

Thanks for the dialog... and if you have any content we'd love to see
it on the site one day ... :)

--- In videoblogging@yahoogroups.com, Ted Tagami [EMAIL PROTECTED]
wrote:

 I didnt read the agreement in its entirety, but in the bottom half
of 'graph
 5B the agreement reads:
 
 For clarity, you shall retain all of your ownership rights in your User
 Submissions. However, by submitting the User Submissions to
YouAre.TV, you
 hereby grant YouAre.TV a worldwide, non-exclusive, fully paid-up,
 royalty-free, irrevocable, perpetual, sublicenseable and transferable
 license to use, reproduce, distribute, prepare derivative works of,
display,
 perform and otherwise exploit the User Submissions in connection
with the
 YouAre.TV Website and YouAre.TV's (and its successor's) business,
including
 without limitation for promoting and redistributing part or all of the
 YouAre.TV Website (and derivative works thereof) in any media
formats and
 through any media channels.
 
 (Emphasis mine)
 
 
 
 On 1/13/06, Andrew Baron [EMAIL PROTECTED] wrote:
 
  I didn't read the terms, but however philanthropic it may be, asking
  people to sign away
  perpetual rights to their content, especially without even having a
  conversation, is about
  as extreme as it gets in terms of taking advantage and it certainly
  feels gross to even
  think about.
 
  Is that really a term for using the service?
 
  --- In videoblogging@yahoogroups.com, Ted Tagami [EMAIL PROTECTED]
  wrote:
  
   I should temper my last comments. I was too knee jerk. Still I
  strongly
   consider that you review what your objectives are with your current
  terms of
   service. Being more transparent on how you expect to make a
profit from
   independently submitted content would help assuage any concerns.
  
   Regards,
  
   - Ted
  
   On 1/13/06, Ted Tagami [EMAIL PROTECTED] wrote:
   
a site built by attorneys and movie producers for attorneys
and movie
producers.
by signing up you are giving them a perpetual royalty free
license.
   
http://youare.tv/terms.php
   
On 1/13/06, robert a/k/a r [EMAIL PROTECTED]  wrote:

 Anyone tried this one yet?
 http://youare.tv/?

 --
 cheers
 r

 Deconstructing the status quo, collaboratively

 My Vlog: http://r.24x7.com
 A Good Deal: http://foo.24x7.com




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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Paul Knight
Thankfully you have graced us with your presence, now check out the wonderful vid pjkproductions has posted.

http://55broad.video.blip.tv/Pjkproductions-PaulsDream988.mp4

paul
knight


On 13 Jan 2006, at 22:22, Andrew Baron wrote:

--- In videoblogging@yahoogroups.com, esteban_k2 [EMAIL PROTECTED]> wrote:
 This clause helps
 > us to avoid any user from coming back and sue us saying HEY YOU OWE
 > ME $XXX.

 This is just my personal opinion - my personal interpretation:

 I don't believe you.








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Do yourself a favour and Visit my Vlog

http://pjkproductions.blogspot.com

It's worth a laugh and work friendly.



Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Jay dedman
 We are adding user page perma links, video page perma links, and
 individual page permalinks. We are also looking at adding rss feeds
 based on keyowrds, favorites and videos. Our goal is to allow you to
 Get your video out there.
 And when people are on YouAreTV, we want to enable you to create
 communities and interest within the YouAreTV site. Right now
 individuals selling content wont work because no one knows or cares
 about your content, if you are able to generate interest within a
 trusted community like YouAreTV people WILL be more willing to
 purchase individually created content. We have seen examples of this
 with Amazon and Ebay.

this is great news.
permalinks to pages and individual videos is necessary for most people
on this group.

i looked at your user profile:
http://www.youare.tv/members/area.php?member=1
and see that you have a personal website:
http://kefentse.com/

the idea is that you can store your video on youare.tv...
but can link to the actual video file on your personal website.
blip.tv is a champion of this.

youtube and other hosting companies appeal to the people who dont care
where their video is. Just get it up. put watermarks on it.
advertising. who cares.
but the real influences in the community probably wont digg this.

where are you guys located?
what your story?
you certainly seem to just spring up.

Jay


 
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Loiez D.
Hi Esteban,
Where do you saw riots in France ?
I am trying your website and i'll send my opinion to all the french  
vloggers

At first i think you have a good concept

Keep rockin'
it's goog for all vloggers

Loiez
http://www.loiez.org


Le 13 janv. 06 à 22:10, esteban_k2 a écrit :

 Imagine someone reporting from india when the earthquakes happen, or
 from France when the riots happened.




 
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Stephanie Bryant



On 1/13/06, Ted Tagami [EMAIL PROTECTED] wrote:
After hearing feedback from some of us, I commend you for taking your ToS under review, and will continue to watch your site develop.



I'm with Ted on this one. I'm no fan of all-rights TOS's, but I'm glad you're engaging in the dialog and listening to what the current videobloggers have to say on the matter.

--Stephanie

-- Stephanie Bryant[EMAIL PROTECTED]Vlog: 
http://mortaine.blogspot.comAudioblog: http://bookramble.blogspot.com 





  
  
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Joshua Kinberg
Okay all... this is great feedback, but seriously let's cut the guy a break.
He's listening and interacting here. That's the first step.
Legaleze like Terms Of Service agreements are hard to write. Nobody
knows what to do here, and paying lawyers to do this gets expensive...
and the lawyers can often come up with some draconian stuff anyway.
Usually people just copy TOS from other sites just to get it up and
get going. They often don't think about it and the users don't often
read it.

Good sleuthing and great feedback. Now let's give this site/service a
chance to respond and improve.

-Josh


On 1/13/06, Gena [EMAIL PROTECTED] wrote:
  You think it, nurse it, produce it and, if you so choose to, upload to this
 services you lose all of your rights to your creation?

 YouAre.TV a worldwide, non-exclusive, fully paid-up, royalty-free,
 irrevocable, perpetual, sublicenseable and transferable license to
 use, reproduce, distribute, prepare derivative works of, display,
 perform and otherwise exploit the User Submissions in connection with
 the YouAre.TV Website and YouAre.TV's (and its successor's) business,
 including without limitation for promoting and redistributing part or
 all of the YouAre.TV Website (and derivative works thereof) in any
 media formats and through any media channels.

 But anyone else can come to the site, snag your work, create
 mash-ups/alterations/what-not and there is no penalty (to them) or
 compensation (to you) as the creator?

 You also hereby grant each user of the YouAre.TV Website a
 non-exclusive license to access your User Submissions through the
 Website, and to use, reproduce, distribute, prepare derivative works
 of, display and perform such User Submissions as permitted through the
 functionality of the Website and under these Terms of Service...

 Where is the anal lube cuz this is nothing but another company setting up
 folks to get reamed.  This is how the blues recording artists got ripped
 off, this is how modern day musicians are getting ripped off and it makes me
 angry.

 Maybe as part of our videoblogging education process we need to start
 talking about the assignment of rights and full understanding of what you, I
 and collectively we are stepping into.

 It doesn't matter if the lawyer made them do it or there is similar
 wording on other sites. It is wrong, wrong, wrong to take another's work,
 use it to generate viewers and income and then not cut the creator in for a
 slice.

 And to stop the tangents and comparisons to music before it starts I am
 specifically talking about video and videoblogging web hosting companies.

 Forget the lube, these folks would use Crisco.

 Gena
 http://outonthestoop.blogspot.com
 
 --- In videoblogging@yahoogroups.com, robert a/k/a r
 [EMAIL PROTECTED] wrote:
 
  Anyone tried this one yet?
  http://youare.tv/?
 
  --
  cheers
  r
 
  Deconstructing the status quo, collaboratively
 
  My Vlog: http://r.24x7.com
  A Good Deal: http://foo.24x7.com
 


  
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Re: [videoblogging] Re: http://youare.tv/

2006-01-13 Thread Michael Sullivan



i agree. On 1/13/06, Joshua Kinberg [EMAIL PROTECTED] wrote:
Okay all... this is great feedback, but seriously let's cut the guy a break.He's listening and interacting here. That's the first step.Legaleze like Terms Of Service agreements are hard to write. Nobodyknows what to do here, and paying lawyers to do this gets expensive...
and the lawyers can often come up with some draconian stuff anyway.Usually people just copy TOS from other sites just to get it up andget going. They often don't think about it and the users don't oftenread it.
Good sleuthing and great feedback. Now let's give this site/service achance to respond and improve.-JoshOn 1/13/06, Gena [EMAIL PROTECTED]
 wrote:You think it, nurse it, produce it and, if you so choose to, upload to this services you lose all of your rights to your creation? YouAre.TV a worldwide, non-exclusive, fully paid-up, royalty-free,
 irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with
 the YouAre.TV Website and YouAre.TV's (and its successor's) business, including without limitation for promoting and redistributing part or all of the YouAre.TV Website (and derivative works thereof) in any
 media formats and through any media channels. But anyone else can come to the site, snag your work, create mash-ups/alterations/what-not and there is no penalty (to them) or compensation (to you) as the creator?
 You also hereby grant each user of the YouAre.TV Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works
 of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service... Where is the anal lube cuz this is nothing but another company setting up
 folks to get reamed.This is how the blues recording artists got ripped off, this is how modern day musicians are getting ripped off and it makes me angry. Maybe as part of our videoblogging education process we need to start
 talking about the assignment of rights and full understanding of what you, I and collectively we are stepping into. It doesn't matter if the lawyer made them do it or there is similar
 wording on other sites. It is wrong, wrong, wrong to take another's work, use it to generate viewers and income and then not cut the creator in for a slice. And to stop the tangents and comparisons to music before it starts I am
 specifically talking about video and videoblogging web hosting companies. Forget the lube, these folks would use Crisco. Gena http://outonthestoop.blogspot.com
  --- In videoblogging@yahoogroups.com, robert a/k/a r [EMAIL PROTECTED] wrote:   Anyone tried this one yet?
  http://youare.tv/?   --  cheers  r   Deconstructing the status quo, collaboratively 
  My Vlog: http://r.24x7.com  A Good Deal: http://foo.24x7.com 
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[EMAIL PROTECTED]* Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/-- sull- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -The hybrid or the meeting of two media is a moment of truth and revelation from which new form is born
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - http://vlogdir.com - The Videoblog Directoryhttp://videobloggers.org - Free Videoblog Hosting / Vlogosphere Aggregator 
http://interdigitate.com - on again off again personal vlog


  




  
  
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