fun with TOSes

May 17, 2007 17:02

I had reason to return to my Just Like a Woman picspam, and I noticed that the pic of Adrian Pasdar's ass had been removed from Photobucket for violating their terms of service.

Naturally, I got curious and checked said terms. Turns out they do have a clause against nudity. However, they also have this clause:

You will not do any of the following while using or accessing the Site or the Services:

a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

Emphasis mine.

I can't help but wonder what the Photobucket people thought when they found the folder. "Ooh, lookie! Pics of Julie Walters and that guy from Heroes! Isn't she a lucky gal to have permission to use those! But what's this? ASS! The ass must be SCOURGED FROM THIS SITE!"

Truth be told, it'd never have occurred to me that they'd have a nudity clause in the first place. Pornography, yeah, but a mere ass? Around here, you get asses in kiddymovies. (Although, admittedly, you get penises in kiddymovies too. *cough* Ronia the Robber's Daughter *cough cough*) And their selective use of the TOS amuses me greatly.

just like a woman

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