Ok I've got an unusual problem. I run a fairly popular forum where people discuss games I have created and other stuff. I am selling one of my games + as part of the deal the buyers want me to transfer the section of the forum about that game over to a new site they are creating specifically for the game. Now I know it is possible but is it ethical for me to give them that forum section along with copying my userbase over so that my users can use both my site and theirs? Any ideas if I would be breaking any privacy laws or if users would be unhappy about this? Note: If it's any help I have the default vbulletin TOS on my forum.
interesting question. my advice is to consult with an attorney, since this is beyond the scope of a layperson.
I don't know the standard ToS for vBulletin but there are two issues you face here. 1) Privacy 2) Copyright The first issue should be easy to figure out. In your ToS or Privacy policy does it say that you will not sell or give out contact information? If so, then you can't really transfer the user database without permission of the users. If your Privacy policy says that you might share that data then you can without notice. The second depends on what your ToS says about copyright (if anything). By default, the copyright of forum posts are held by the author of the post. However, the forum owners retain limited distribution rights to maintain the records on the forum. That does not automatically give you the right to redistribute them to a different forum. However, if your ToS says that the forum retains all rights to the post or the right to use them on other sites/forums then that data can be transferred without issue.
I am afraid this is a NO NO If users have signed up with your forum and you want to pass their details onto another forum then you will legally require all your users to allow you to pass their details to a third party.
I would recommend that you post a sticky at the top of that forum saying that the game and support are under new ownership and post a link.. Then lock that section.. Of course you could also simply change your TOS since most of those have a clause saying that you can change it at any time with no notice.. Then after you change the TOS sell the data.. Its what a "LOT" of people do..