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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CNET News' Caroline McCarthy is a downtown Manhattanite who believes that, despite popular opinion, the Web can actually help your social life. She's happily addicted to fun social-media tools from Twitter to Yelp to Facebook, sends an inordinate number of text messages, and has a tendency to waste time at the office reading restaurant blogs. Here, she explores all facets of the Web's gregarious side, as well as the unique tech culture in her home city of New York. (Don't call it Silicon Alley.)
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Because my previous photos and such were put up quite some time ago, and I DID NOT AGREE to the new terms (surely they should be like every other site and put up a little note saying "we've changed our terms - give them a read, and if you accept, click accept."), I thought I would write my own TOS for Facebook, exerting my ownership, copyright (from 2001 for personal info and 2004 for company info) and otherwise complete control over anything and everything I post, including excerpts and derivatives.
My TOS exclusively denies Facebook the right to everything they lay claim to in their TOS. Of course, I can update it any time, and without warning to Facebook.
Over the top? Maybe. Potentially helpful in the future? Maybe. http://www.mathew-carley.com/cms/about/legal#facebook (IANAL - any holes? Let me know)
Suddenly, Facebook is not so nice anymore...
User Content Posted on the Site:
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
Just think of Facebook selling your image and the likeness of your image to Corbis.
Then years down the road you revisit place where you took a holiday vacation and you stand in the same spot then upload that picture on the web and you get a notice from the CORBIS legal team that you are not allowed to pose in the picture as it violates your previous image to which they own. Microsoft did the same error in they legal agreement that they own all your email. Pretty sad.
- by philviss February 21, 2009 1:34 PM PST
- After reading all this and being a new user or member does this mean I need to worry about my music I've added to my site in hopes of promoting it, like artwork or photos? This really could be a concern that may be a reason to deactivate my account. But wait I own the rights to the songs I have on the market. Am I hearing that I should be worried that FB will try to control the rights to the material uploaded to their site. I must investigate, although I must be hearing this wrong, it goes against copyright laws and other safeguards that are in place with failsafes to protect against this.
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