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shadzar
October 17th, 2018, 01:53
https://discordapp.com/terms


YOUR CONTENT

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.

Discord new TOS changes just committed worldwide IP theft. they can not only take, change, and use your IP that has been transmitted over Discord, but create derivative works from it, and sell those works to anyone "royalty-free".

Anyone that does business and uses Discord, be advised you need to look into getting all your content and IP removed form its servers and consult your legal counsel.

esmdev
October 17th, 2018, 02:12
Myself I'm not too worried about this but I can see how it might be concerning to others.

I suppose they could write some fiction about a 50 year old asian dude whining about his dialysis treatment while running D&D. I'm sure my group chat in general wouldn't interest them much either thousand on thousand of messages of silly memes, scheduling games, talking about weather and work. Pretty lame and boring stuff. They'd probably find more interesting stuff watching a documentary about the migration of turtles.

shadzar
October 17th, 2018, 17:54
well there is others that stream or share purchased digital content via discord, so those things are intellectual property Discord cannot jsut take. so if you jsut chat and gripe about life on discord, like many pople do on many a forum; or use it for text games.. it is still IP theft, but not as much as you say loss to you.

To the people that use it for business file transmitting, etc... there is very real concern to be had.

I suspect their new "steam" type store TOS got mixed in with general and needs to be split out. it reads very much like you would expect form a store selling products as a distributor, but for personal discords, private messages, etc.. they can't just claim ownership and the right to resale content royalty free modified or otherwise.

essentially they have claimed the FG logo as their own to modify and resale, since it appears on their servers posted by anyone and/or from the Open Graph/twitter meta tags from pages linked to in Discord.

IP theft, copyright infringement, and trademark infringement all in one fell swoop is how it reads to many people....


not to mention that it will clearly violate that EU Copyright Directive they are pushing so hard for, so Discord could end up banned in EU for all anyone knows. :confused:


it is just VERY badly worded in any case.

LordEntrails
October 17th, 2018, 17:55
Except it is not theft since you are agreeing to the terms. If you don't like the terms of the FREE service, don't use it.

shadzar
October 17th, 2018, 18:14
except it is retroactive.. these terms begin 10/23/2018. ergo why i suggested people try to remove their IP prior.

any company logo used as a discord server logo falls under these terms and retroactively becomes Discord's to modify, adapt and resale royalty-free.

in how many years of use have people be posting things to Discord? and even deleting a post on discord does NOT delete the stored file ont heir servers. i know i have uploaded thigns to them and the file still exists on their servers after deleting the post.


so it wont be easy to get rid of one's IP from their servers before this comes into play.

Valyar
October 17th, 2018, 18:54
Nothing is free. :)

Mgrancey
October 18th, 2018, 00:30
So if you pay, does Discord work under different circumstances?

Cause I can see this being bad for Playtest stuff, maybe homebrew as well.

Gwaihir Scout
October 18th, 2018, 01:31
This clause has been in their TOS for over 2 years, and probably since they started. It's apparently required so they can actually send the stuff you post over the internet.

https://www.reddit.com/r/discordapp/comments/3r3rrt/question_about_tos_clause_your_data/

jasonthelamb
October 18th, 2018, 01:49
This clause has been in their TOS for over 2 years, and probably since they started. It's apparently required so they can actually send the stuff you post over the internet.

https://www.reddit.com/r/discordapp/comments/3r3rrt/question_about_tos_clause_your_data/


Came here to post this. A quick google search shows this is the case. Cmon guys...

JohnD
October 18th, 2018, 01:55
Hang on. Misinformation and inaccurate conclusions stated as cold hard facts? Well knock me over with a feather.

shadzar
October 19th, 2018, 00:41
cold hard facts

Things are coming out from all sorts of people and has them concerned about lots of parts of the TOS changes... ;)


https://www.youtube.com/watch?v=UC0SacXJ7GA

esmdev
October 19th, 2018, 01:26
So basically a company that provides free voice, text and data transfer revised their ToS in a way to protect themselves from lawsuits.

Seems like you are looking for something to justify your initial post that plenty of people have already pointed out is old news and doesn't really matter.

Also just because some agreed to the ToS doesn't mean you can't sue them, it just means you'd have to sue them for the right to sue them first. Plus a third party that didn't agree to the ToS could sue them regardless of the ToS. For instance using Fantasy Grounds, if someone were file sharing mods (example since wouldn't do much good with current mods) then they could sue discord to have them takedown the mods from a server or even force them to proactively search for offenders. The tv/motion picture industry proved that with YouTube despite Google's ToS.

Moon Wizard
October 19th, 2018, 03:14
I think this issue has been discussed sufficiently to cover the reason for initial post. Closing thread.

Regards,
JPG