HelenaGWells I think you're confusing 'public domain' with 'published' or 'publicly available' - they're not the same thing.
For a work (image, text, video, music, software ...) to be in the public domain, either the copyright has expired (70 years after author's death in UK) or the author has specifically placed the work in the public domain and chosen to surrender their rights. For anything else, the copyright will be owned by someone, usually the author but sometimes their employer or a hosting website.
Copyright can be difficult to enforce online but that doesn't mean that everything online is in the public domain.
MN terms of use state:
By submitting User Content to us, simultaneously with such posting you automatically grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as Mumsnet, in its sole discretion, deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
Subject to the rights and license you grant to us under these Terms of Use, you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.
So, we are granting MNHQ a licence to use our posts as they see fit, while at the same time retaining copyright of them ourselves. MNHQ say they haven't given permission for the DM to lift posts from here (so they haven't been using their licence). Therefore the OPs of lifted threads could theoretically pursue the DM themselves for copyright infringement as they retain ownership of their posts.
There are a couple of problems with this -
- as KateMumsnet says, DM would likely claim 'fair use'. I haven't seen the DM stories myself and am not a legal expert so I don't know how reasonable it would be for them to do so. The guidelines, according to The UK Copyright Service are:
News reporting - Using material for the purpose of reporting current events is permitted provided that:
<span class="italic">The work is not a photograph.</span>
<span class="italic">The source of the material is acknowledged.</span>
<span class="italic">The amount of the material quoted is no more than is necessary for the purpose.</span>
- in order to take action, posters would have to reveal their RL identities and, while highly personal and sensitive support threads are NOT NEWS, forum users taking legal action against a national newspaper for copyright infringement probably is news. So, if the concern of posters is the possibility of being outed in RL, pursuing this would not be helpful.
If anybody fancies it though, there's some useful guidance here.
I'm glad MNHQ are looking into this, even if it turns out there's nothing much they can do. It's restored my faith a bit. Meanwhile I can't see the harm in putting a gentle warning at the top of the page, next to the one that says, 'Mumsnet has not checked the qualifications of anyone posting here ...'