Jameson's TOS

Discussion in 'Justice for JonBenet Discussion - Public Forum' started by Watching You, Mar 19, 2004.

  1. Watching You

    Watching You Superior Bee Admin

    Jameson has posted her TOS on her forum. I found this quite interesting:


    I think I know what this means, and it's arrogant as hell, but I'd like someone a little more legal-minded than I to decipher this. What it means to me is that jameson is in the process of writing a book using quotes from her own forum, whether the person who posted those posts likes it or not.


    There is also the usual drivel about copyright and taking posts from that forum. I'll say one thing about that - anyone posts defamatory posts about WY, I'll damn well take those posts, in full, and copy them wherever I damn well please. If any of her idiots posts libel against anyone not a member there, it's fair play for the person the libel was committed against to copy those posts for their own protection.
     
  2. Watching You

    Watching You Superior Bee Admin

    Why would jameson

    want "perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt (alter?), transmit, publicly perform or display the posts of her members? Why would she want to sublicense to third parties any of those posts? Why would she want to "exploit" any proprietary rights in those posts, including rights under copyright, trademark, service mark or patent laws, unless she were planning to write a book?

    I hope I am wrong about this, but I don't think I am. Is this yet another way for Susan Bennett to trample on the grave of JonBenet Ramsey? Is it another way to gain financially from the murder of a little girl?

    That's the way it's looking from here.
     
  3. Moab

    Moab Admin Staff Member

  4. Watching You

    Watching You Superior Bee Admin

    Oh my

    does this mean jameson stole material from another website for her own use?

    Tsk tsk.
     
  5. Tricia

    Tricia Administrator Staff Member

    You all have to know that if there is some scummy, slimy, way for this greaseball to make money off a dead child she will find it.

    I think you are 100 percent correct WY. ToeJam has just given herself the right to use anything anyone posted to make money.
     
  6. EasyWriter

    EasyWriter FFJ Senior Member

     
  7. ravens_tears

    ravens_tears Member

    What a load of horse puckey! Pretty well signing her forum's own death warrent with that! I would NEVER post at a forum if someone expected that it meant I handed over control of my intellectual property.

     
  8. purr

    purr Active Member

    As has been said before.....

    THAT woman is DANGEROUS!

    yikes again,
    purr
     

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  9. Deja Nu

    Deja Nu Banned

    The legal language you posted from the Swamp, WY, is canned jargon for use in intellectual property ventures. In English it simply means that anyone subscribing for membership at that forum grants jameson the exclusive right to use their posted material in any format, including publications of any sort as well as paid public appearances, as jameson in her "queen of the world" mentality deems fit to make a buck. Since her members agree when they sign up to give her that exclusive right royalty-free, she doesn't have to give them a cent of any money she might make by the use of their posts.

    What jameson doesn't realize in seizing this right from her members is that she also becomes liable for any libelous, defamatory, or illegal material posted by any of her members. That liability is exclusive to jameson and her stupid website, meaning that the liability cannot be shared with the original posters of that material.

    So all I can say is, "Gahead, Sue, make a buck off your members' posts. With the likes of Toth and Assley, you better get yerself a damn good lawyer!"
     
  10. Prairie

    Prairie Member

    So much for posters "owning" their own words.
     
  11. Watching You

    Watching You Superior Bee Admin

    Yabut, here's the kicker, DejaNu

    Hirself slips this little disclaimer in the same TOS. I thought it a bit contradictory, even to the point of making the entire document null and void. But, don't tell jammy sue. I also thought it cute that it appeared just a day or two after I mentioned contacting a friend of mine - who just happens to also be the best civil lawyer in NYS - regarding jameson's cohore, Ashwipe.



    It's also curious that Bennett uses "jameson" in some places in the TOS and "Webbsleuths" in others.


    Now, I may not be a lawyer, but is "jameson" a trademarked name in this case? I believe there could be a bone of contention there with the alcoholic beverage named Jameson, even though one is capitalized and one is not. I question whether anyone can own the rights to a hat name on the internet. So, when Bennett uses "jameson" as the party to indemnify, defend, blahblah, I have to wonder about it. IOW, maybe she thinks jameson is covered, but Susan Bennett sure isn't. Has she become so obsessed that she now thinks she really is jameson? Jameson is a hat. Susan Bennett is her name, and Susan Bennett dba jameson would be sued, I think.

    Doesn't a business have to be incorporated to do what Bennett's trying to do here? Is an internet forum a business, and can it be incorporated? I suppose if one is receiving money for providing a service, crappy as that service is, it could be considered a business. In that case, it seems that fact would need to be prominently displayed somewhere.

    This is pretty fuzzy territory. To me, Bennett's TOS aren't worth the paper they are written on, simply because they are contradictory. Nor will they prevent someone from suing her tailfeathers off - especially if she is receiving money from her posters, which she is. She can put up all the disclaimers she wants, but I don't think they will hold up in court. She's posted defamatory information herself in the past. Seems if she were a smart woman, she'd buy a muzzle for Ashley and one for herself while she's at it.

    Oh, BTW, nice job, Makai, I mean jameson, hahahaha. Jameson is the author of a thread, there are 0 posts on the thread after the initial post, yet Maikai is shown as the last poster. How many hats does that woman own, anyway?
     
  12. Deja Nu

    Deja Nu Banned

    WY, you are absolutely correct. A subsequent disclaimer regarding any liability for exclusive use of others' posts is not sufficient to avoid the liability. As usual, jameson thinks she can make the rules and the entire world has to comply with them. Not true. In a court of law, if jameson wants to exploit her members' intellectual property, she will pay the piper for any harm caused by her in that use.

    No, a forum or website does not have to be incorporated for liability to enure to the owner/operator. jameson has sufficiently labeled Webbsleuths as her own property over the years to substantiate not only the ownership of it in absence of incorporation but the liability for it as well. Registration of domain name is sufficient proof of implied ownership. jameson could apply for copyright of the hat "jameson" or any of the other 3 million she uses, which if approved, would endow her with copy rights in that hat. Furthermore, in the absence of incorporation of any sort, bennett could and probably would be held personally liable for any harm caused by any of her hats or use of posts, or the acts of Webbsleuths. This means that all of her personal assets would be available for satisfaction of any judgments gained.

    No matter how you slice it, bennett's big butt is on the line. But sociopaths truly believe they are above the law, can do whatever they like and suffer no consequences for it. When the proverbial does hit the fan, their typical response is utter shock and indignation that someone of their great esteem could be accused, held accountable or punished. Blame shifting and denial are two favorite defenses.
     
  13. zoomama

    zoomama Active Member

    OK OK I give up

    What is a TOS? Now I could write all sorts of things like, Tough Old S***, or Ton Of Slug or even Top Off Sailor. But I suspect none of these will be the correct one.
     
  14. Watching You

    Watching You Superior Bee Admin

    Zoomama

    TOS = Terms of Service. IOW, rules for the forum. Every forum has them, Tricia has them too, but she's not claiming ownership of our posts.

    DejaNu, thanks. You explained it nicely. She really is a different breed, isn't she.
     
  15. Niner

    Niner Active Member

    you mean MO' money!! :rolleyes:

    and Watching You - yea on the word 'adapt' - could mean 'alter' as you say!

    Let's hope hir digs that 'hole' a little deeper... into that pile of :bsflag:
     
  16. Niner

    Niner Active Member

    Hey!!??? I want to know too!! :yes:

    :biker:
     
  17. purr

    purr Active Member

    hee hee zoomama...........

    Tough
    Old
    Slug


    i liked yours better zoomama!

    purr
     
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