To go a few posts back Gary, it depends on where you are located exactly what the definition of "published" is. The definition in the UK differs from the USA differs from Australia. There is no catch all definition, I have certainly not made that claim in this thread , in fact if anything I have been looking to broaden my own understanding.
The member only area boards, or group only boards, or group private messages, or private messages... None of these areas are public and as such none of these areas would qualify as suitable as locations for publication in any jurisdiction I know of. In fact that was one of the reasons for creating the members only critique boards
Regarding the majority of the boards including the standard lyrics critique and song and recording critique boards, they are publicly accessible with no sign on needed. The same is true for the showcase board and other non critique based boards where music is shared and otherwise promoted to members and to the general public.
As far as the USA is concerned: posts in the private or club areas are not ""published". Posts elsewhere are unlikely to be considered published but I believe clarification is needed on exactly what constitutes publication in the form of a ruling (don't ask me exactly what August body lol). Reading the clause in question it is decidedly wooly. For example, does it differentiate between a blog post, a forum post, a forum post by a staff member, a site article, inclusion in our newsletter etc. my guess is yes.
So I reiterate mybest guess is that by US law a forum post would NOT constitute publication. By UK law, it would ( though I am happy to be corrected by a UK based lawyer who believes differently)
Ps I didn't think we were discussing only the USA, though it is an important case I grant you.
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