If you wanted more bad reviews than you could shake a legally-unenforceable clause at, you’d do this:
[Windermere Cay’s] Social Media Addendum, published here, is a triple-whammy. First, it explicitly bans all “negative commentary and reviews on Yelp! [sic], Apartment Ratings, Facebook, or any other website or Internet-based publication or blog.” It also says any “breach” of the Social Media Addendum will result in a $10,000 fine, to be paid within ten business days. Finally, it assigns the renters’ copyrights to the owner—not just the copyright on the negative review, but “any and all written or photographic works regarding the Owner, the Unit, the property, or the apartments.” Snap a few shots of friends who come over for a dinner party? The photos are owned by your landlord.
The Florida apartment complex claims the stupid clause is needed to prevent “unjust and defamatory reviews.” It makes this claim — not in a statement given to Ars Technica (which was tipped off by a resident) — but in the introductory paragraph of the Addendum. From there it gets worse. Doing any of the following triggers a $10,000 fine, with $5,000 added on for each additional “infraction.”
This means that Applicant shall not post negative commentary or reviews on Yelp!, Apartment Ratings, Facebook, or any other website or Internet-based publication or blog. Applicant agrees that Owner shall make the determination of whether such commentary is harmful in Owner’s sole discretion, and Applicant agrees to abide by Owner’ determination as to whether such commentary is harmful.
Then come the copyright demands.
Additionally, each Applicant hereby assigns and transfers to Owner any and all rights, including all rights of copyright as set forth in the United States Copyright Act, in any and all written or photographic works regarding the Owner, the Unit, the property, or the apartments. This means that if an Applicant creates an online posting on a website regarding the Owner, the Unit, the property, or the apartments, the Owner will have the right to notify the website to take down any such online posting pursuant to the Digital Millennium Copyright Act.
Of course, when confronted by Ars about the Addendum, the property managers claimed this was all someone else’s fault.
Asked about the Social Media Addendum by Ars, Windermere Cay’s property manager sent this response via e-mail: “This addendum was put in place by a previous general partner for the community following a series of false reviews. The current general partner and property management do not support the continued use of this addendum and have voided it for all residents.”
I would imagine the support was removed and addendum voided shortly after Ars publicized it, and not a moment before. According to Ars, the resident who contacted the site was asked to sign this suddenly-unsupported addendum only “days before.” But Windermere Cay’s management now very likely regrets ever including it in the first place. Like so many others before it, Windermere Cay is learning that attempting to preemptively shut down criticism with bogus clauses and high fees almost always results in more criticism. Its Yelp page is swiftly filling up with negative reviews and — like every other emotionally-charged incident on the internet, has already achieved Godwin.
Tag: Florida
Sky Will Hand Over Customer Data in Movie Piracy Case
Any regular reader of these pages will be familiar with the term “copyright troll”. These companies have made a business model out of monitoring file-sharing networks for alleged copyright infringements, tracking down alleged offenders and then demanding hard cash to make supposed lawsuits go away.
The practice is widespread in the United States but also takes place in several countries around Europe. Wherever the location, the methods employed are largely the same. ‘Trolls’ approach courts with ‘evidence’ of infringement and demand that ISPs hand over the details of their subscribers so that the copyright holder can demand money from them.
During September 2014, TorrentFreak became aware of a UK court case that had just appeared before the Chancery Division. The title – TCYK LLP v British Sky Broadcasting Ltd – raised eyebrows. From experience we know that TCYK stands for The Company You Keep and is the title of the film of the same name directed and starring Robert Redford, appearing alongside Susan Sarandon and Shia LeBeouf.
While the movie itself is reportedly unremarkable, the response to it being unlawfully made available on file-sharing networks has been significant. In the United States TCYK LLC has filed dozens of copyright infringement lawsuits against Internet subscribers in many states including Illinois, Colorado, Ohio, Florida and Minnesota, to name a few. Those interested in their U.S-based activities can read about them extensively on ‘troll’ watching sites DTD and Fight Copyright Trolls.
The big news today, however, is that TCYK LLC is about to start demanding cash from customers of the UK’s second largest ISP, Sky Broadband. TorrentFreak approached Sky back in September for information on the case but after several emails back and forth the trail went cold. We can now reveal what has transpired.
Florida Legislators Introduce Bill That Would Strip Certain Site Owners Of Their Anonymity
This week, the Florida state legislature is considering a bill that would make it illegal to run any website or service anonymously, if the site fits a vague category of “disseminat[ing]” “commercial” recordings or videos—even the site owner’s own work. Outlawing anonymous speech raises a serious First Amendment problem, and laws like this one have been abused by police and the entertainment industry.
The bill (Senate and House versions) seems to be catering directly to the entertainment industry and could give local law enforcement City of London Police-esque powers to act as de facto copyright cops. And its potential stripping of anonymity not only requires disclosure to law enforcement, but everyone else on the web.
A person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly, to consumers in this state shall clearly and conspicuously disclose his or her true and correct name, physical address, and telephone number or e-mail address on his or her website or online service in a location readily accessible to a consumer using or visiting the website or online service.