I don’t think the ToS approach would be invalidated here via your Safe Harbor fork theory.
The ToS could state something like “you give us a worldwide perpetual right to use your content in any way we want including granting this right to whom we designate”
You still own your content but by having an account you agree to the ToS that lets them do what they want.
TOS can’t change Law, can’t strip away rights that you have.
Law always trumps TOS.
In fact, if a company tries to via their TOS they are opening themselves up for big risks/lawsuits, as they are trying to gain ownership of your content, voiding their Safe Harbor law protections.
They can’t have it both ways, thats not how the Law works. Either they have the protection, or they own the content.
I don’t think the ToS approach would be invalidated here via your Safe Harbor fork theory.
The ToS could state something like “you give us a worldwide perpetual right to use your content in any way we want including granting this right to whom we designate”
You still own your content but by having an account you agree to the ToS that lets them do what they want.
They just host it and are safe.
TOS can’t change Law, can’t strip away rights that you have.
Law always trumps TOS.
In fact, if a company tries to via their TOS they are opening themselves up for big risks/lawsuits, as they are trying to gain ownership of your content, voiding their Safe Harbor law protections.
They can’t have it both ways, thats not how the Law works. Either they have the protection, or they own the content.
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