Their TOS says they own your content in any current or future formats or derivative works.
I’d say Reddit would win.
The TOS shouldn’t hold up in court. A contract must be an exchange of two things, eg money for a product or service. You can’t say “Our service is free of charge!!!” And then in the fine print “(((But also you agree to give us everything we can take free of charge)))”.
The issue is how everyone does it. Facebook and Google started when data had no value, now they’re amongst the wealthiest businesses in the world. Now, Microsoft have joined in, *even though you already pay for their products and services anyway!"
However, the other aspect is that everyone is a victim. Lawmakers are the victim. They still haven’t quite yet realised how much is being taken from them (at least $50 per year, probably more like $1,000 per year if not more for prominent figures) but they are still being abused.
It’s like that form of bank fraud, where the criminal takes pennies from accounts, hoping the user won’t notice and the bank will write it off. Do it to enough people and enough times and you can make millions. They do this to everyone and they make billions.
Either the data is public domain and they don’t have to pay for it, but also cannot charge others for it, or the data is private and they must pay the author a fair share.
No, it isn’t. The website is offered free of charge, regardless of whether you provide them data or content. The exchange for data/content is a second transaction tucked away in the terms and conditions, and the website offers nothing in return for that.
The reason the 2nd exchange is hidden in the terms and conditions is to intentionally hide what the user is giving away, such that the user cannot make a fair value assessment. It is fraudulent and deceptive.
Their TOS says they own your content in any current or future formats or derivative works.
Their ToS could say they own you and your children and grandchildren, but that doesn’t make it enforceable.
If I post a frame from the movie Akira on Reddit would any reasonable person suggest that they own not only that frame, but also the entire movie that it came from as a derivative work? There is a glut of second-hand data just like that all over Reddit, Twitter, and every other social media network, and I’m willing to bet that’s also part of what’s being sold.
But hey… I’m not saying you’re wrong, just that the idea that they automatically “own” the things that people post on their website is ridiculous. It’s a bit like UPS or FedEx saying they own the contents of your package while delivering it.
It is true that Reddit does not hold a valid license to content that is
- Sufficiently long-form, unique etc. to be copyrightable, and
- posted by someone other than the copyright holder or someone with a sufficient license.
However, as far as I understand it, the extent to which Reddit—a content provider and social network—is legally required to remedy this is to comply with DMCA requests and review reported content. Perhaps there is a higher standard that I am not aware of?
And yet that exact kind of data is all over reddit in ways that are impractical to enforce by case by case DMCA. How many memes are there using footage from popular shows? How much fanart?
More importantly, is that stuff not included as part of the data that reddit “owns” when they sell their data to tech companies? Because whether a DMCA takedown has been requested on that kind of data or not, doesn’t change the fact that they don’t hold the copyright in the first place. How can they sell things that they don’t even own?
Something smells. The logic of this entire industry doesn’t add up.
