1
Twiztid
Legal Issues
  • 2006/11/8 20:25

  • Twiztid

  • Just popping in

  • Posts: 49

  • Since: 2006/7/21


Hey guys,

I run a small Community Portal -- and I was recently slapped with a Cease & Desist letter from Yahoo! Lawyers.

I was requested to remove non-authorized Yahoo! Links.

What I don't understand is this...

I am a small community site, and I do a google search for a few modules that use Yahoo feeds, and I see TONS of people using these modules.

Has anyone else ever had legal threats like this?

I complied and removed the "ss-yahoonews" module.

I am not sure what to do for the movie times though, but they specified the NEWS in the complaint, I guess I'll just ask for permission while I look for a new option.

Thoughts, comments, suggestions?

Thanks.

2
Will_H
Re: Legal Issues
  • 2006/11/8 20:44

  • Will_H

  • Friend of XOOPS

  • Posts: 1786

  • Since: 2004/10/10


Don't they syndicate their news????

3
Bender
Re: Legal Issues
  • 2006/11/8 20:52

  • Bender

  • Home away from home

  • Posts: 1899

  • Since: 2003/3/10


Did they specificly define against which part of their terms of usage they think your site is going?

Quote:
What are the terms of use?
The feeds are provided free of charge for use by individuals and non-profit organizations for personal, non-commercial uses. We ask that you provide attribution to Yahoo! News in connection with your use of the feeds.

If you provide this attribution in text, please use: "Yahoo! News." If you provide this attribution with a graphic, please use the Yahoo! News logo that we have included in the feed itself.

We reserve all rights in and to the Yahoo! News logo, and your right to use the Yahoo! News logo is limited to providing attribution in connection with these RSS feeds.

We are also including the provider of each individual news story in the feed alongside each headline. Please do not alter this for display. We want our news partners to be attributed for their work.

Yahoo! News also reserves the right to require you to cease distributing these feeds at any time for any reason.


Terms of use for Yahoo feed content: http://news.yahoo.com/rss/


Did you use their logo or made clear in text that those were Yahoo feeds? Is your community site clearly non-commercial?
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4
Quest
Re: Legal Issues
  • 2006/11/8 22:24

  • Quest

  • Friend of XOOPS

  • Posts: 1034

  • Since: 2005/11/19


I don't think it really matters why. They have this in the TOS.

Yahoo! News also reserves the right to require you to cease distributing these feeds at any time for any reason.

Best of Luck,
Quest

5
Bender
Re: Legal Issues
  • 2006/11/8 22:37

  • Bender

  • Home away from home

  • Posts: 1899

  • Since: 2003/3/10


Uhmmm Quest i think it does since
Quote:
slapped with a Cease & Desist letter from Yahoo! Lawyers.

does not sound as if they were just nicely telling (as they reserved that right) but more like the real trouble kind of requesting to stop using it. (lawyers ... money???)

Of course they reserve the right to ask you to stop using them at any time but i doubt they will start that by sending a letter from their lawyers right?

So i guess there is a little more to this and since it could eventually happen to others a little more information can not hurt.
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6
Quest
Re: Legal Issues
  • 2006/11/9 2:23

  • Quest

  • Friend of XOOPS

  • Posts: 1034

  • Since: 2005/11/19


You got a real good point Bender. I think I'm just a cut to the chase kind of person sometimes with my thinking. Stop now and don't do it anymore or in legal terms Cease & Desist means exactly that period. I'm retired military and sometimes you just don't have time to explain it all over and over again, so more severe measures are taken with the same type of caveat which is a nice and yet not so nice way of saying. I don't have to have a dog gone reason just don't do it no more.

Quest

7
Twiztid
Re: Legal Issues
  • 2006/11/9 5:52

  • Twiztid

  • Just popping in

  • Posts: 49

  • Since: 2006/7/21


Hey guys,

The letter stated that I had 10 days, and asked me to fax in a signed letter stating that I have taken down the offending materials. They didn't specify WHAT items were causing the issue, but instead stated that ALL YAHOO content be removed from my web site.

The letter was a mix of nice and mean, it pretty said "We've decided to give you the benefit of the doubt and wil give you 10 days to comply, if after that time no action has been taken on your end.. we'll sue your ass and shut you down and make your life hell"

Of course, I am paraphrasing..

I am a small community web site, just getting off the ground. I sell advertising space, so I guess that doesn't make me "non-profit".

Anyway, I didn't feel like a legal battle with a billion dollar company, so I complied.

Just a heads up to all you Yahoo! News module users out there, your very easy to find in a Google search.

As for how it was reported, I assume a competing local site that doesn't have half the feature as mine -- probably reported it. However, that is just speculation.

I'll admit though, I almost shat myself when I saw a legal threat from YAHOO! in my inbox, my heart sank.

8
easterly
Re: Legal Issues
  • 2006/11/9 9:36

  • easterly

  • Just popping in

  • Posts: 1

  • Since: 2006/11/9


Twixtid

I'd love to know the e-mail address they posted from because one of their users has registered via Yahoo (with a !) a website with our trademark and hosts it with them. The website has no merit but to try to attract our visitors and divert them elsewhere.

Their customer services department thinks that a disclaimer on his site is sufficient.

I don't agree and as I am sure that their servers are in the US I take the view that now that they are on notice of the problem, they are conspiring in the breach of our intellectual property.

But of course, they don't provide e-mail addresses on their website for service of just the sort of notice that they sent to you.

So if you can either post the message here or PM it to me, that would be great, thanks.

9
Will_H
Re: Legal Issues
  • 2006/11/9 14:10

  • Will_H

  • Friend of XOOPS

  • Posts: 1786

  • Since: 2004/10/10


Quote:
Just a heads up to all you Yahoo! News module users out there, your very easy to find in a Google search.


LMAO! notice you didnt say Yahoo! search

@Easterly - interesting first post...

10
Twiztid
Re: Legal Issues
  • 2006/11/9 21:59

  • Twiztid

  • Just popping in

  • Posts: 49

  • Since: 2006/7/21


Yes, GOOGLE search

I just can't quite grasp why they'd target a small community portal like me, when a web search clearly shows many web sites using this module.

I understand why they asked me to take it down, so I complied.

Besides, I don't feel like fighting with a billion dollar giant and end up being squished like a bug.

I currently have $2,000 in my bank account -- hardly enough to fund my lawsuit where I am probably in the wrong anyway.

peace.

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