AFP Still Not Giving Up On Its Bizarre Claim That Twitpic Images Are Freely Licensed To Anyone
from the common-sense-ruling dept
Soon after this, the actual photographer saw the photos and sent a cease & desist. The AFP then sued the actual photographer, claiming that it had not violated his copyrights. The AFP's argument for this was so confused that it raised questions about whether or not the AFP even really understood what the company had done. First, it claimed that Twitter's terms of service says the following:
I had kind of figured that after this rather massive set of mistakes was highlighted, AFP would realize its errors and back off from the lawsuit. No such luck apparently. Venkat Balasubramani has an update on the case, suggesting that the AFP is sticking by its totally illogical claims. What brought this on is that Twitter has apparently clarified its terms of service, to avoid this sort of situation (even though the original terms seemed pretty clear), but the AFP is still insisting that its tortured interpretation of the terms supports its position. It's somewhat bizarre to see that no one involved in the lawsuit has realized just how insanely weak this position is. It seems like a huge waste of effort for an interpretation of terms of service that, if actually believed, would likely come back to haunt AFP.