Bye, Bye Miss Zaadz Pie, Drove my Poetry to the GAIA...

.

.... but the GAIA was dry.

Or at least profitable.

It appears my good friend Sings to Eagles and I quickly noted a similar statement in The Terms of Use. 

Is it not curious that POETS quickly notice something like this?  

In short, here is my concern.  I do not expect to profit from the poetry which I channel.  I have provided it to this community since I do not feel that I "own" the poetry, that I am blessed with a gift and wish to share that gift with others.  The zaadz community seemed a superb, non-threatening, and not-driven-by-profit venue to share this poetry.

Yet, it seems, GAIAM, at least in reading the terms of use, leaves a foothold to usurp "intellectual property."

11. License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Websites or the Service, you hereby grant to Gaiam a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Websites, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at copyright@gaiam.com to request the removal of certain Content you have posted, but Gaiam has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Gaiam's servers after the Content appears to have been removed from our Websites, and Gaiam retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Websites or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Websites or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

The bold is my highlight.  Read it closely, and perhaps you will understand my concern.  I do not even consider my poetry - my soul, as it were - MINE.  I consider it ours.  Yet, GAIA can "use, copy, modify, adapt, translate, create derivative works" of it?  GAIA has a free license to it? 

I think not.

Some of the very work posted in my blog and in the pods has been published.  I worked out where NO changes would be made, and on one even insisted the poem be under "anonymous."  Any future publishings have to receive my permission.  Further, I did not profit from the publishing - "payment" was donated back to the non-profit organization that publishes the magazine in which the work was published.

See the difference?  If GAIA wishes to remain the free-spirit site that was known as zaadz, this term of use for much of the artistic expression that has thrived on zaadz needs to cease immediately!

I will give the GAIA administrators some time to ponder these "terms of service."  If, within a month, this "license to content" is not modified to provide provisions for "intellectual property" and works of artistic expression, I shall find another venue.


.