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heartbro95

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What's our stance on reposted files?

I've started to notice a few non-original files scattered around, and I do kind of want to ask what our policy is or should be when handling files not actually made by users? This might be something that could be an issue in the future.

ChiraBeats

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Re: What's our stance on reposted files?

Depends. I did add the little "Source" box to allow uploaders to direct people to the actual source of the content if its not their own but on the other hand stuff like reuploading someone else's videos from HBP is a definite no-no. I'm not quite sure where to draw the line yet, what do you guys think?

Skitz2000

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Re: What's our stance on reposted files?

Reuploading youtube videos is a weird area though, especially if they are not a member of this site (yet). Posting files from hbp should not be allowed.

Last edited by Skitz2000 (2017-03-12 02:53:53)

LadyKris55

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Re: What's our stance on reposted files?

I believe that uploading videos of caught heartbeats on live TV shows/TV or movie scenes/etc should be permitted because we KNOW that the files aren't created by the person uploading them (still would be nice to source the material, though)... However, I feel like re-uploading people's files from HBP or "hey I found this HB video on youtube years ago and it was deleted years ago but I still have it on my computer so I'm uploading it here" is a huge no-no.

paperpenguin

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Re: What's our stance on reposted files?

I think segments from material produced for mass consumption by the general public such as movies, TV shows, print magazines, videogames and such, made by corporations, production houses, studios and the like, should be allowed in my opinion. This material is made for a large audience, is obviously meant to be viewed so everyone involved is expecting to be seen, and a minute or two-long scene from a feature-length movie shouldn't be a huge deal copyright-wise. As an example, I highly doubt Hugh Jackman would have a huge issue with being seen on H2H because someone uploaded that scene from The Wolverine, and I'm pretty sure 2 minutes of video won't put a dent in 20th Century Fox's bank account anyway.

I'd reject segments of works produced by smaller teams or individuals, especially if that material is freely available online, such as "public" YouTube clips like vlogs, Let's Plays, deviantArt pictures, online magazines, and the like. While posting like 20 seconds out of a vlog isn't going to deprive anyone of much, and though it may be meant to be viewed en masse, there's still something vaguely wrong about ripping and uploading something that's easily linkable. Even if it's attributed, there's still little to none I can think of to justify uploading instead of linking.

I'd take a much harder stance on heart videos that are put up for purchase. A couple of seconds of the still-SFW intro from an hour long vaguely medfet or hospital-themed porno, one could make a convincing case for that on the basis of both not being "the good parts" and being short enough to not really matter. Uploading a full length or significant chunk of what's mostly or completely heart material like from like Film 911 or Fetish Goddesses, even if technically clothed, no. Even if reposted for free viewing on unsavory sites, no. Just go buy it like (somewhat) normal people, or heck, look for it elsewhere.

Works made by regular folks like "personal" YouTube or HBP heart videos, yeah, no, no uploady. No no no. Evil bad and wrong. Linky maybe, no uploady.

Last edited by paperpenguin (2017-03-12 03:45:54)

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I thought what I'd do was, I'd pretend I was one of those rap guys' girlfriends.

ChiraBeats

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Re: What's our stance on reposted files?

idk I feel like it should be allowed if they're the person that owned it in the first place. Otherwise obviously not. But HBP's claim of copyright over your stuff is nonsense. You never transfer copyright ownership when you upload stuff there, you only license it. Says it right on the terms and conditions.

AS OF MARCH 11 2017 THESE ARE THE TERMS AND CONDITIONS OF UPLOADING FILES TO HBP

Terms & Conditions - posting files
1 - Restrictions on use
1.1 This site is owned and operated by HBP Network foundation (by now simply HBP) and contains material which is derived in whole or in part from material supplied by our members. The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from the files authors and the HBP. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices if available.

2 - License to HBP
2.1 By posting messages, uploading files, inputting data, or engaging in any other form of communication through our services, you are granting HBP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

    2.1.1 use, copy, delete, adapt, transmit, sublicense, publicly perform or display any such communication;
    2.1.2 use, copy, delete, transmit, any such file/communication for HBP internal use only and for maintenance purposes;
    2.1.3 become the only owner of your uploaded files when you cannot be contacted anymore;
    2.1.4 publicly act, if necessary, as authorized on behalf of the copyright owner (you or HBP) in any copyright dispute;

2.2 This license is valid until your files remain on our internet servers, except for the the point 2.1.2.

3 - Your rights
3.1 At every time you've the right to ask, when you are not allowed to do it by yourself, for:

    the deletion of any of your uploaded file or posted message from our internet servers;
    the modification of any information given during the upload of a file or any other form of comunincation given by our services (except for PMs, chats and emails).

3.2 All the requests above have to be sent to an HBP admin in one of the following forms:

    via email through the email address used to register your account;
    via PMs (Private Messages) through your own account.

4 - Copyright policy
4.1 You assure to have all the rights, licenses, consents and permissions required to allow HBP to use your uploaded files, posted messages, input data or any other form of communication through our services, for the purposes written in this document and required by the website.

4.2 You accept to be the only responsable for your uploaded files, posted messages, input data or any other form of communication through our services and for the consequences (legal or not) derived by such acts.

4.3 You accept to not upload and post any file and message that could be considered illegal in your country or that could be illegal for HBP to keep and use for its services.

5 - Other
5.1 These terms and conditions could be changed at any time without any public or private communication.

- END OF THE DOCUMENT -

The important bit is #2. What does this mean? When you upload files, you DO NOT transfer copyright, you only license certain rights to them. All of them, actually. You give HBP permission to use your files however they want. You give them permission to act on your behalf if someone steals your files. These are okay, and necessary in order to display your files and to go after people who steal them. I'll probably add these points to this place.

What is not okay is 2.1.3. That's not how transfer of copyright ownership works. Since HBP is USA-based, I'll be quoting USA law here:

204. Execution of transfers of copyright ownership
    (a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.
    (b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if—
        (1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or
        (2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

You can't transfer ownership of a copyright just by putting a note on your website, you need some sort of note in writing with a signature from the actual copyright owner. That's you. Copyright stays with you and you are allowed to do whatever you please with your own files. It's just that HBP is also allowed to do whatever it pleases with your files.

LadyKris55

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Re: What's our stance on reposted files?

idk I feel like it should be allowed if they're the person that owned it in the first place...

Oh, well yeah! If you were the one who owned the file and posted it on HBP, you 100% have the right to post it here! I was basically referring to people who may download a user's file from HBP and upload it here without the original owner's permission.

ChiraBeats

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Re: What's our stance on reposted files?

agreed, that right there is a definite no-no.