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<blockquote data-quote="Snarf Zagyg" data-source="post: 8363104" data-attributes="member: 7023840"><p>No, I'm not. I will say this nicely- I really think that in your desire to argue, you may be ... outkicking your coverage team. It's clear that you're not familiar with the concepts. That's okay- some of these are technical- but usually, people would have some curiosity and ask questions instead of proceed from an argumentative standpoint. And given your fire of moral outrage, I will just point this out and leave it at that.</p><p></p><p></p><p></p><p>Of course not. But ... that's never been the issue of discussion for me. This is about how companies protect themselves in contests (unilateral contracts). Not about "how can a company be protected from lawsuits 100% of the time, from anyone!" I mean- America? </p><p></p><p></p><p></p><p>No, companies don't. They really don't. Let me show you just how badly you don't understand this-</p><p></p><p></p><p></p><p>That wasn't for an "image search." What that person was discussing (with us) is something involving "prior art," which is one of those terms that you might hear when you're near attorneys that work in IP. Patent bars, and all that.</p><p></p><p></p><p></p><p>Again, the very real issues of photo attribution, moral rights, and IP, and the roles that stock companies play (and the often underhanded ways in which they have gotten some of their catalog), is neither here nor there.</p><p></p><p></p><p></p><p>Nope. You don't get it. I will suggest going back and reading what Wizzbang wrote, what I wrote, and even what Umbran and others have written.</p><p></p><p>But if you need this drastically simplified-</p><p>If you are a creative company, running a competition in which you solicit creative work greatly increases your liability risk. Massively. The best way to defend against this liability risk is not to run these types of competitions. The second best way is to defend yourself contractually from the entrants, including through the grant of a license (if you really want to belt and suspender it, you might include an arbitration clause, inconvenient forum, limitations on liability, third-party indemnification, multiple warrants made by the entrant, waiver of class action, and so on).</p><p></p><p>Look, I get your moral outrage; but moral outrage doesn't mean that you are suddenly an expert in a lot of things you aren't. Or maybe you are! Who knows. I mean- based on what you've written, I don't think you understand contracts or IP very well, but maybe I'm the idiot. Again, wouldn't be the first time. Since on the internet, we are all dogs, we can only be judged on our writings, eh?</p><p></p><p>I appreciated the discussion earlier- but it's becoming clear you just want to argue about things one of us doesn't understand. I'm out.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8363104, member: 7023840"] No, I'm not. I will say this nicely- I really think that in your desire to argue, you may be ... outkicking your coverage team. It's clear that you're not familiar with the concepts. That's okay- some of these are technical- but usually, people would have some curiosity and ask questions instead of proceed from an argumentative standpoint. And given your fire of moral outrage, I will just point this out and leave it at that. Of course not. But ... that's never been the issue of discussion for me. This is about how companies protect themselves in contests (unilateral contracts). Not about "how can a company be protected from lawsuits 100% of the time, from anyone!" I mean- America? No, companies don't. They really don't. Let me show you just how badly you don't understand this- That wasn't for an "image search." What that person was discussing (with us) is something involving "prior art," which is one of those terms that you might hear when you're near attorneys that work in IP. Patent bars, and all that. Again, the very real issues of photo attribution, moral rights, and IP, and the roles that stock companies play (and the often underhanded ways in which they have gotten some of their catalog), is neither here nor there. Nope. You don't get it. I will suggest going back and reading what Wizzbang wrote, what I wrote, and even what Umbran and others have written. But if you need this drastically simplified- If you are a creative company, running a competition in which you solicit creative work greatly increases your liability risk. Massively. The best way to defend against this liability risk is not to run these types of competitions. The second best way is to defend yourself contractually from the entrants, including through the grant of a license (if you really want to belt and suspender it, you might include an arbitration clause, inconvenient forum, limitations on liability, third-party indemnification, multiple warrants made by the entrant, waiver of class action, and so on). Look, I get your moral outrage; but moral outrage doesn't mean that you are suddenly an expert in a lot of things you aren't. Or maybe you are! Who knows. I mean- based on what you've written, I don't think you understand contracts or IP very well, but maybe I'm the idiot. Again, wouldn't be the first time. Since on the internet, we are all dogs, we can only be judged on our writings, eh? I appreciated the discussion earlier- but it's becoming clear you just want to argue about things one of us doesn't understand. I'm out. [/QUOTE]
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