Frank Roberts - SOTL wrote:
>I don't know but I believe that is when the ISO is acting in the capacity of a
>common carrier like telephone companies do.
>
>
...which is pretty much every time unless the ISP has developed the
content itself.
>But! I was reading an article earlier today in which the ISO have a written
>contract with their clients where anything that the clients post on that ISO
>becomes the intellect property of that ISO. I seem to recall from another
>source that MS does this too. I a case like this then I believe that since
>the poster in effect voluntary gave up all rights to their data that the
>liability will fall on the ISO.
>
I've never seen any such clause in any TOS that I've enrolled with, and
I think ISPs would be stupid to include that because of the possible
liability, unless they are trying to exercise creative control of the
user's content. I *have* seen clauses in which the ISP is given rights
to use the site without further compensation, usually so they can brag
that they host so-and-so big-shot-corporate web site.
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