The Dissenter's Voice
Volume 1 Issue 3: FINAL ISSUE

Intellectual Injustice

Dissension
has always been a primary role of the writer. From ancient times, carried through by the bards of Ireland and Scotland, satire was a powerful form that in and of itself could bring down a tyrant or ruin the business of a rude inkeeper. It is in keeping with this time honored tradition that we respectfully present this material. As those bards of long ago were protected by Brehon Law, we are protected by the First Amendment. Nothing contained on this page is libelous or slanderous. No matter what you read on these pages, I remind you that this is only satire. Chances are, if it offends you, it is because it hits too close to home. No official from any organization, nor any agent of law enforcement has the power to restrain our freedom and we will not tolerate any threats of this kind.
FINAL ISSUE:

Here we are at the end of a long road. Once Geocities was a friendly place, where people could post their intellectual property with some security that, while their voice could now be heard, it was still ultimately their property. This is the final issue of the Dissenter's Voice as I cannot condone simply handing my writing and works over to Yahoo! to do as they please. Can they do this? Yes, they can. In order to sign on to our websites, we were required to agree to certain terms, most of which sign away our rights. Following is a part of the agreement(emphasis added):

8. CONTENT SUBMITTED TO YAHOO

Yahoo does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to Yahoo as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any Yahoo property, you automatically grant, or warrant that the owner of such Content has expressly granted, Yahoo the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that Yahoo does not pre-screen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, Yahoo and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yahoo or submitted to Yahoo, including without limitation information in Yahoo! Message Boards, Yahoo! Clubs, and in all other parts of the Service.

Let me see if I have this right. If I created it, post it, edit it, and even copyright it, they don't own it, but they still have the right, even in the face of infringing my rights to my intellectual property, to "use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute..." it? Wow, so if I write a book and post it here, they can write out that pesky character they don't like, publish the book translate it into Swahili write the sequel and give it away for free or, heck why not, sell it for a tremendous profit,without ever having to pay royalties! That is like having the company that makes the paper or produced the computer owning whatever was produced on it. So does this mean that Bic owns my diary? I will not tolerate a reduction of my rights as an author and an artist simply because I employ electronic means to create!

I find it interesting that this same TOS which wholesale violates our rights protects Yahoo!'s:

16. YAHOO'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yahoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Quaint, huh?

Of course, I better watch out, because if they don't like me, they'll just terminate me:

13. TERMINATION

You agree that Yahoo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Yahoo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Yahoo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Yahoo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Yahoo shall not be liable to you or any third-party for any termination of your access to the Service.

I bet that makes you feel warm and fuzzy inside. There's more, too, oh so much more, but at some point I suggest you read the entire TOS agreement yourself. It should keep you laughing for a little while, and then crying for a long time.

This is the FINAL ISSUE of the Dissenter's Voice. There will be no further updates, but hopefully this issue will remain online for some time to come. In the event that this issue is edited or removed, I will attempt to find free webspace on which to host it. Back issues have been removed and all graphics destroyed.

I, for one, will not let Yahoo! feast off of my creative energy.


signing off,
Timothy Babulski
July 1, 1999

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