Facebook alters term of service
Facebook has announced that it is altering it terms of service.
This has generated a firestorm of publicity, mostly negative, about the TOS for facebook and inviting futhur scruinty to the other social media players.
In all fairness, you are presented with the TOS before you accept your accounts, and you SHOULD read those TOS. If you don’t like the TOS don’t sign up for the service.
That being said, Facebook’s TOS seem extremely aggressive, especially when your content is concerned.And the fact that they are changing this TOS to be this broad and over-reaching is disturbing.
Dr. Amanda French did a outstanding analysis of the TOS of Facebook and the different social media players. Click here for this insightful post.
A synopsis of French’s analysis of Facebook TOS (credit: Amanda French)
1. “Facebook apparently wants to keep all its rights to your stuff after you remove it from Facebook, and even after you delete your Facebook account; they just removed the lines that specified that their rights end when your content comes down. Nobody else (of those I looked at) would dream of that; mostly they specifically state that their rights to your content end when you remove the content from their site or delete your account.”
2. “This one kills me: Facebook claims it can do whatever it wants with your content if you put a Share on Facebook link on your web page. Unbelievable–and unique, as far as I can tell. People can post links in Facebook to your content just by copying and pasting the URL, but if you want to save them a few keystrokes by putting a link or a widget on your site, Facebook claims that you’ve granted them a whole mess of rights. Count me out.”
3. “Other sites point out in their terms of service that you still own your content: Facebook doesn’t mention that little fact. Facebook also neglects to remind you that you’re giving other Facebook users rights to your Facebook content, too — YouTube, for example, makes it clear that other people besides YouTube have a right to use and spread around the videos you upload. In general, other sites’ terms of service just have a more helpful tone.”
Myspace TOS (credit: Amanda French)
“MySpace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the MySpace Services. After posting your Content to the MySpace Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (”posting”) any Content on or through the MySpace Services, you hereby grant to MySpace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the MySpace Services, including without limitation distributing part or all of the MySpace Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the MySpace Website. This limited license does not grant MySpace the right to sell or otherwise distribute your Content outside of the MySpace Services. After you remove your Content from the MySpace Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the MySpace Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the MySpace Website as soon as practicable after you make the change”.
6.2 “The license you grant to MySpace is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace), fully-paid and royalty-free (meaning that MySpace is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach).”
Twitter’s TOS (credit: Amanda French)
” 1. We claim no intellectual property rights over the material you provide to the Twitter service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.”
2. “We encourage users to contribute their creations to the public domain or consider progressive licensing terms.”
So as you can see, Facebook stands along in its aggressive TOS
To read the complete analysis, check out Dr Amanda French’s post