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.
The answer is that it’s more practical than any alternative.
Copyright holders can’t sue Reddit for selling access to copyrighted content (before Reddit receives a copyright claim) because there is no way Reddit could reasonably distinguish between original and copyrighted content. Reddit users violate copyright law and the ToS in submitting copyrighted content, and Reddit is only required to take action as they are made aware of the content’s copyright status.
It would be trivially easy to to circumvent Reddit’s ToS otherwise: I could create some original content, sell my copyright to a friend for $1, and immediately put Reddit in violation of copyright law by submitting the content to Reddit. My friend could go after Reddit, and Reddit could go after me, but my friend would likely get more out of Reddit than Reddit could successfully get out of me.
It’s the same reason publishers can’t sue Cloudflare for hosting a piracy website unless they refuse to take it down, nor can they sue Facebook for ad revenue earned from banners placed next to a copy+paste of a New York Times article. The content providers do not knowingly/intentionally violate copyright law, and they make reasonable attempts to prevent/rectify it. Without such limitations on legal standing, the internet becomes a way bigger mess than it already is.
