Version: 2008

Comments on: Facebook: Relax, we won't sell your photos

After a blog highlighted revisions to Facebook's terms of service hinting that the site keeps deleted users' content and can use it at will, a debate heated up on the Web. Here's what Facebook had to say.

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by Earl Benzar February 16, 2009 3:36 PM PST
pfft, FaceBook is this years AOL.
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by gstah February 16, 2009 4:09 PM PST
Deleted all my pics today. Won't post anymore until they put language up that clearly states that any images I own, remain my copyright and that they have no useage or rights to them whatsoever. I don't care what they're PR people say, let's see them modify the terms to make it black and white clear to it's users and the creative professionals out there who might post their works.
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by SebDavies February 16, 2009 4:16 PM PST
Bit over the top!
by gstah February 16, 2009 9:46 PM PST
@seb Not really when you're a photographer posting some of your work and are concerned about protecting your copyright. I had a number of photos of my work on there to promote my photography business to friends and acquaintances. Until they change their TOS to something which assures me they cannot use my images however they see fit, in perpetuity, I won't be posting images there anymore. How is that over the top?
by SebDavies February 17, 2009 10:56 AM PST
Facebook said that the user will 'own and control thier infomation' so nothing to worry about
by pkron February 17, 2009 12:51 PM PST
not over the top. FB needs to be explicit about users rights to copyright.
by alexg88 February 18, 2009 9:31 AM PST
Facebook is probably the worst site to keep your pictures on anyway... if you're really THAT good, pay for a decent website to upload to, and provide a link on Facebook to your friends so only they can view them/and you won't have to worry about "Facebook selling your pictures".
by DrStrangelove23 February 16, 2009 4:27 PM PST
I am most likely deleting my entire profile. I have already erased all uploaded content other than a single profile pic and made everything only accessible to friends, and some parts only to me!

Aside from my life being archived on yet another server as well as the TOS changes, I am also deeply disturbed that many older apps are now being bought by "SpeedDate" which no matter how many times I have deleted the newly bought app that now tries to advertise match-making to me/consumers, it still retains my email address and spams me. I have deleted the application FIVE TIMES as is swallows up old apps! Having been in the Direct Marketing industry for several years now, and watched the evolution of social media, I am so burnt out, never login, and am changing my profession to auto mechanic! Seriously!!

Oh, and did I mention my disdain for SpeedDate?! (BTW I have no association nor have I ever worked for them. I just hate their shady emails!)
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by DrStrangelove23 February 17, 2009 8:40 PM PST
So I went to delete my account. Unfortunately, they don't let you. They only let you "Deactivate" it, storing your information and patronizingly telling you that when you return you data will still be there. Hmm, I guess when times get tough and people stop clicking on their ads, they could always just sell your info to future employers as a background check without you even knowing! They lost my trust and any chance of my returning to there overgrown community of "friends".

I went to Facebook because I didn't like the juvenile aspects of MySpace. Well, I guess there is nowhere you can go. Remember the good old days when people used this thing called "Email" to talk online?! Or better yet, the old BBS's of the late 80's and early 90's? I really miss those days about now.
by Inconnux February 16, 2009 5:00 PM PST
Do what I did, delete my account.
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by Dingobarbie February 17, 2009 3:39 AM PST
I tried that, but was only able to 'deactivate' it.
by nixermac February 16, 2009 8:58 PM PST
Over with the paranoia, I have been skeptical of facebook from day one. I had changed my email-id to an alternate id as I did not want anyone to just contact me on my primary mail. i have an alternate mail which I normally give for such systems. I tried to change my name on the facebook account but it would not. Come on I want privacy and although facebook claims that the privacy settings are wonderful, I just do not believe them.

I have been contacted by several people and facebook gladly forwards these request for friendship to my personal mail id which I had removed. This gave me a reason to believe that their database does not purge the deleted records and only a facebook admin or the company can remove the data, which they will not.

Then again when you want to delete a facebook account, you cannot because they do not allow you to do so. The only option you have is "deactivate". This directly means facebook is going to retain the data in their database. They may say that you may wish to comeback that is why they have the date. I call that horse-****. If I want to delete then why would I want to come back. Ever heard someone trying to recover data they want to securely delete. What facebook should do is ask the user if they want to completely remove their personal data. They must be explicit that the postings on other user accounts will not go away (which is ok) but all images, personal info etc. will be purge once the use confirms deletion.

It is time someone took facebook to court for breach of privacy.
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by gggg sssss February 17, 2009 7:51 AM PST
replace all text with lorem ipsom - or worse, replace photos with pictures of zuckernberg eating a banana
by DrStrangelove23 February 17, 2009 8:43 PM PST
I got your back! I can't think of any other social media site that won't let you outright delete your account. Once you leave MySpace, you're DELETED, not "Deactivated".
by Sam Papelbon February 16, 2009 9:08 PM PST
if you want to delete your facebook account, just post some pictures of someone breastfeeding.
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by docmurdock February 16, 2009 10:10 PM PST
Oh facebook...don't you guys ever read the papers. Sheesh. There's a 1,000+ lawyers out there ready to tar and feather your butts over this. The person who made the blog post in the first place should be demoted to Chief cook and bottle washer.

What should really happen when a user deletes their account is they should be offered an option:

A. Delete and hold - remove my account for 6 months and if I don't come back in that time, delete permanently, nothing saved.

B. Delete Permantely, Immediately

Of course you have archived copies of things, but those are understood and since the user is closing their account and not returning they forfeit the rights to those things.

Now, there should be away to remove all traces of a persons, posts, images, etc as they are generally tagged when someone uploads something into the system. If not, you need to strangle your programming team as they've basically screwed you.

I'd be asking a lawyer to ask a court to demand that such a contingency be in place so that when user A decides he wants to vanish from facebook, every email, every photo, every video, etc. just disappeared and was filled in by something else.

But that's just me.

Michael Murdock, CEO
DocMurdock.com
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by angeljeanne February 17, 2009 6:34 PM PST
Question; does anyone really know the defining of "copyright" Law or how it should be used, or seen as a body within e.g. "fasebook" or any of the other blogs, or for that matter has anyone gone to and has seen the laws that are followed at the "Copyright" sight? As commented on the morning show this date of 2/17/2009 the "Veiw" many discussed this subject and was rather upset buy the lack of ownership of this site that connected personal, or copy of pictures within this body of website information. For my self I will be removing my "Facebook" and stay with what I do and I know that is protected by my secrect password. Shame on all those that think rules can be re-wrotten t meet their terms. My informtion is MINE not Face Books or anyone elses'. JJmw Later
by Nkosi868 February 16, 2009 10:52 PM PST
I did a test once in which I copied the direct link of a picture from both myspace and facebook, then I deleted said photos. That was nearly a year ago and I can still access those photos from the direct links, proving that they are still stored on myspace and facebook servers somewhere.
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by bonochromatic February 17, 2009 4:06 AM PST
@Caroliiine - Although you've stated that Zuckerberg doesn't intend to get rich selling scandalous Facebook photos, you haven't pointed out that Facebook reserves the right to change their policy at any time, without any notice, and have it become effective immediately, which is what they did this time.

Which means, at any given moment, Zuckerberg could simply remove that line from the policy and start doing whatever he wants with it - and if Facebook can't turn a profit, I wouldn't expect anything less from them. This is the man who stole the entire concept for Facebook from ConnectU - what would stop him from a quick snatch-and-grab of his users content?

And I read through the TOS several times, but I can't seem to find anywhere within it where the Privacy Policy is held to be a legally binding document that takes precedent over their TOS. I find many places where they've claim that in "fluff" talk, on blogs and such, but within the TOS, I can't find anywhere that says privacy settings will be respected in any way. Am I supposed to expect that when the chips go down they aren't going to fall back on their legal safety net?

And to everyone's who frantically deleting photos and content - don't bother, they're keeping it anyway. Might as well just boycott Facebook until they come around - and with the Facebook TOS group at 18,000 members after only a few hours, that's probably going to happen sooner than later.
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by pauljacobson February 17, 2009 4:18 AM PST
Facebook's statements are encouraging but the terms remain problematic. It will be interesting to see if the terms are amended to address users' concerns. I don't believe that this should be part of some slowly evolving process of clarifying what Facebook says through its terms of use. Facebook's lawyers should be instructed to revisit the terms and prepare less onerous terms. It isn't a very complex process, it just requires some creative thought.
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by royc February 21, 2009 5:33 PM PST
'Facebook's lawyers should be instructed to revisit'

But what you don't understand is those clowns just revisited the TOS at the request of the boss and did what he told them to do. What's so hard to understand about that? Now he has to tell them they didn't use enough legal talk to get it by everyone last time, go do it again and this time bury it real deep and use the best legal talk in their books.
by aka_tripleB February 17, 2009 7:25 AM PST
They won't sell your pictures, they'll just let your likeness to be used for ads that imply things even if what they imply is clearly not true. I'm not sure if you've heard about the Brady Quinn incident, but I am fairly certain he is not gay. I'm not sure if the picture came from a Facebook picture, but I'm certain there were legal repercussions that he could have pursued for using his picture the way the ad did.
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by gggg sssss February 17, 2009 7:54 AM PST
when closing your account, change all text to lorem ipsum, replace all photos with pictures of zuckerberg eating a banana.
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by knowles2 February 17, 2009 8:13 AM PST
I think this all a bit over blown. One move from facebook, one lost of data, anything sold to anyone then I might consider leaving. This will off cause will not happen be Mark smart to know that would be the end of his little company.
In contract I have sign they all remain the right change it when they want, I doubt their is a contract in that exist that does not have that term in it.
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by neowolfwitch February 17, 2009 8:23 AM PST
They can talk all they want- it's not what their TOS says, and that's all that matters legally.

Most of the people I know are deleting their accounts. I haven't decided on mine yet.
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by Vegaman_Dan February 17, 2009 8:56 AM PST
The TOS is pretty much the same as Google's at this point. While yes, they don't own the content, they do reserve the right to use it for any promotional purposes they see fit.

So... that picture you took of your darling little girl that you posted to your page may then become blown up and used on the sides of buses, buildings, TV ads, or whatever to promote Facebook... and their business partners. No financial compensation is required for the commercial use of your content in such a case as it is for promotional purposes.

It's a sneaky thing to do, but it is by no means uncommon either.
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by DaveThePaintingGuy February 17, 2009 9:08 AM PST
I am a little miffed at the gender-insensitive, pejorative phrase "And that's where the hysteria began."

These were/are extremely sensitive issues to people, like me, who create art and have the terms of service changed without any notice that affects our constitutionally-protected, inherent copyrights.

Considering "Damage already done" and wishing to preserve the comments friends have written about my own artwork, which I display on my Facebook account, I have chosen to LEAVE my content there -- since they already HAVE copies of my work.

But future postings of my art will be purposely marred with huge copyright symbols.
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by cube3 February 17, 2009 10:14 AM PST
Well, now they did it.!;)
The VIew Gals and Oprah! Will take you all DOWN!.

Local news at 11, they all piled on.. FINALLY, it's only been 15 years since AOL got grilled for doing the same thing.

Good thing about Depressions, they knock the hell out of far the far swung hubris that unregulated times before promotes.
c3
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by jfalsken February 17, 2009 11:15 AM PST
A clear, doing as I say and not as I do policy. All bets are off when the case goes to court.They have given themselves a forum in which it steals from it's very clients! One just has to look at their case of people getting locked out from accounts and then money requested from the friends. Facebook didn't stand up then for the rights of the user and allowed money to be transfered, becoming a partner in the crime by locking the real user out of his accounts. Opening the door wider for the criminals.Then wouldn't repay the money lost by the user's friends. The same can be applied to images stolen from the site or sold by the site, the submitter pays for the loss and never facebook!
Facebook where the criminals come to hangout. They will sell your photos in a heartbeat or sell your mother's soul, if it means profits for them. Just try and use the lawyer's statment in a real courtroom, then watch the Judge laugh at you! Berny Mack got some stock to buy.
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by Michael Grogan February 17, 2009 11:23 AM PST
Personally, I can't understand why anyone would ever put any kind of sensitive data on any website. Whether it be on a social site, web mail, data back-up service or anything else. If you put it on someone else's computer (server) they can access it for some client or the government or whatever. If you're foolish enough to trust any corporation when violation of your rights is in their best interest, even if that violation is illegal, you give a new meaning to the word 'gullible'.
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by techgeekdude February 17, 2009 11:26 AM PST
Nice PR response from Zuckerberg...

If anything, the change in policy shows that Facebook may finally be devising a business model at its users' expense. Remember, nothing is ever really free, and the loose legalese put out by Facebook gives it enough leeway to do whatever it wants with your information. People may not think it's a big deal, but trust me, when you're private information gets leaked out a few years down the road, it will be too late.
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