Date Posted:18:00:11 05/13/02 Mon Author:Kay House Subject: EZ Board Contract Clause & Action Underway
After Holly got that very reasonable response from the exec at EZBOARD, I worked up some language, but given that I'm neither a California lawyer nor a copyright lawyer, I wanted backup. Therefore:
I just posted this whole incredibly long message asking Jarndyce for an opinion. Link at bottom goes to rumor mill.
Dear Jarndyce-
I'm a legal aid lawyer out sick on long-term disability. While working on a comeback, I came across your wonderful article on fair use in the course of writing for Holly Lisle's Vision. Well done!
The Holly Lisle Community is now considering establishing a "back up" community presence on EZBOARD, apparently located physically in California and governed by a California Terms of Service agreement. Since we post works intended for publication, naturally paragraph 5 of the terms of service came as a nasty shock to us.
However, an EZBOARD Exec replied to Holly's question about whether there might be room for negotiation on this point in the affirmative. Accordingly, I've written up an addendum, being concerned in this matter myself, but I am not at all trained in Patent, Copyright, Trademark or other intellectual property law. Also, when my health permitted (up to last Oct) I practiced only in NC. I'd rather not be the ONLY lawyer looking at this thing. How would you feel about taking a look? We would all be grateful for any light you may be able to shed on this situation.
Here are the terms of service:
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To submit violations of our Terms of Use, click here.
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My proposed addendum appears below. Do you think it will do the trick, and allow us to use the Member Boards for critiques without giving away our ability to sell our stories and articles? IN particular, we are concerned about, for example, 1st North American Rights. What do you think?
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ADDENDUM to EZBOARD Terms of Use and Terms of Service Agreement for the Holly Lisle's Forward Motion Writers' Community:
This addendum to the EZBOARD Terms of Use and Terms of Service Agreement is entered into by Holly Lisle and EZBOARD, Inc. It modifies the terms of service for Holly Lisle and for all of the members of the Holly Lisle's Forward Motion Writers' Community as follows:
Holly Lisle's Forward Motion Writers' Community is divided into two segments, a set of "Public Boards" and a set of "Member Boards." The Public Boards are regular community bulletin boards on which individuals exchange views and information. On the Member Boards, however, authors post works being prepared for publication for criticism by other authors; Paragraph 5 of this agreement does not apply to the Member Boards of Holly Lisle's Forward Motion Writers' Community. Without in any way limiting EZBOARD's right to change other terms of service by notice as provided in Paragraph 19 of this agreement, this special addendum is an amendment in writing signed by an officer of EZBOARD, and may not be further amended except by another writing signed by both Ms. Lisle or her designated representative and an officer of EZBOARD, though either Ms. Lisle or EZBOARD may terminate this agreement on sixty days written notice to the other.
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Thanks again for any help you may be able to offer!!
