I am going to break this into chunks to try and explain better.
Originally Posted by opt33
Stren, Martin and other testers can post their non-biased reviews on Hardforum, Strens is in fact still there. OCN, however, deleted Strens independent review because of 2 issues, 1) it was posted on another site
This was explained early in the thread as an unenforced rule that was misinterpreted by a mod. Well it may perhaps be in violation of the constraints of intellectual property holding agreements between you and OCN, I never heard of it being activly enforced. That clause is there for the legal protection of OCN. See next quote.
OCN thinks they own his data now
Any data on their servers, they do own. Yes, this may include what you post. At the same time it comes as a good faith agreement. You understand the general directive of OCN is to support the community but at the same time, needs to protect themselves. This rule allows them to store the data on their server. If not it would be in violation of international copyright laws. After working with Admin personally on a few projects both online and in person, I can not see him taking everything and running for the exit.
There is more to this legally that protects the users as well. Pain in the butt to explain, but just because it is on here, does not put you in a situation where you no longer have rights to it. End of the day, it is still yours, but as long as it resides on these servers, they may do with it as they please as well.
2) he didnt pay the fee, after donating an enormous amount of his time.
Once again, misunderstanding the ToS. The mod should of contacted him and worked this out prior to deleting posts, but hindsight is always 20-20. I do see the $29 fee being reasonable. You get parts/discounts from a manu in return they expect publicity. OCN needs to advertise to survive, so they want a cut of the action. Nothing new there.
Yet that same Stren review still sits at Hardforum, not deleted, not complained about.
The fact is Hardforums TOS is worded for self-protection, and is a legal necessity. OCN's is worded for personal gain, and is an onerous twist of a standard TOS policy.
And if you think they are enforced the same, explain why Strens independent review was deleted at OCN, and not at Hardforum.
Once again, this comes down to the mod team on this one. [H] is worded for protection as is OCN. Varying degrees but still protection.
For some time being, there were crazy ToS clauses out there that no one read or paid any attention to. They are never acted upon but exist for the sole purpose of legal protection.
The mod that removed the posts, to the best of my knowledge acted in good faith, attempting to do what they believed was right by the ToS. Perhaps it is right by the ToS but not everything in life is followed to a T. Ever speed? Do even 2 over? We waive stuff like that. The law says exactly X speed but not enforced to the T. Same idea. The rule is there but no always enforced.
Hope some of that made sense, finals are beating me down right now.