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way? More taking and less fun and giving.
Other than party pics (which I wouldn't use Twitter for), I'm finding
less and less reasons for visiting.
It's understandable that the content we create is more personal and private. But we need to remind ourselves that the state of internet is what we made it. We created an infrastructure of sharing and open source information.
If you want to protest, then I would suggest you take two actions:
1. Cancel your Facebook (or other social networking account). Most of the content we as private citizens create has little value other than its privacy to us.
2. Stop caring. Assume that the creative capital you put on the web is no longer yours. With this in mind, actively decide what you want to remain on your hard drive and what you have no need to solely control.
“That’s fairly common language in terms for various sites".
So why are we more vexed by Facebook doing this than, say, Google?
I am curious of the legality of this, offering no warning, therefore no chance to remove yourself/your stuff prior to these changes to the TOS
My husband did not have a facebook account, therefore had never accepted the terms of service from them... So, one day I was browsing and had found where someone had tagged him in a photo (He has a fairly unusual name, so he is easily searched for.) Well, he didn't want to be tagged in that particular photo, so he wrote facebook a letter, and they told him that they only way to remove his tag from the photo was to join facebook, and that he was required to accept their terms of service in order to join. They said there was no way on their end for them to remove the tag from the photo without him joining up. So, now he has a facebook account, and has accepted their TOS. Hello, Catch 22 :(
How is this any different than the klepto mindset of the average web user
who assumes ownership of anything they can scrounge up on p2p?
I am sure Facebook views the public availability of digital material no
different than most of the people using Facebook: free for the taking.
............................
Fact is, this is clearly a blatant infringement on creative output and the
arts should flee Facebook.
There needs to be regulations set on how sites can use content from users.
(MEMBERS WERE NOT NOTIFIED OF THIS VERY SERIOUS CHANGE) "fixed" their TOS to give tyrannical control of your personal data. What scare's me is the fact that this isn't some "off-the-beaten-path" social network here... It's arguably (since FaceBook Connect) the single most influential social network in the world.
This must be stopped by users making as much fuss as possible.
This isn't just about Facebook - it's about the direction of the internet.
IF YOU ARE READING THIS - make a choice to do SOMETHING about it. I am calling for a facebook boycott from within facebook... and ditching my account for all purposes EXCEPT to inform others about this mess.
Look, they are running out of cash, and clearly have no viable business model to deal with their growth..this is basically their last gasp at monetization, by owning millions of photos, streams, videos, content etc. Now you will see them selling all this stuff to spam lists, marketing companies, governments, etc... You better believe it, no stopping them now.
I am so happy I canceled my facebook account months ago, I knew they would do something like this.
I mean what more do you expect from a company that stole and cheated from its inception.
who's next? twitter? someone will notice that twitter can use their users tweet to something else?
Come on, people... we are all grown up here...
All users should receive some sort of email or notice,
or something when they make a change to the TOS. And this
isn't something I would have accepted to when I had first
opened my account.
My question coincides with olvado's.
How legal is this, making such a change
without prior warning, giving people a
chance to remove anything they'd like?
of Facebook, I just can't be bothered.
My point isn’t that this is a good or bad thing, rather that those of us who are most vocal about data privacy also tend to be pretty vocal about how all data is free, and copyright and DRM are outdated concepts. It’s not like someone from Napster called up EMI and said ‘This is a ten year warning, act now or your business won’t exist any more.’ What’s that? Oh.
Does this mean all of my blog posts are their intellectual property?
I feel a little sick to my stomach now thinking of all my art that is on there.
Hot link of the day: http://www.facebook.com/deactivate.php
EVERY SINGLE WEBSITE that you upload content to OWNS your data. This is not ANYTHING new.
GET OVER IT.
http://www.democracynow.org/2009/2/12/harry_lew...
1. If it's to ensure they don't get sued for other facebook connect sites caching your data, why don't they just put *that* into the FB connect TOS - saying, "we can't be held responsible for others caching your data"
2. Myspace has strict rules in their developer SDK about other sites caching users personal data, why can't FB?
3. Why do they need to use our data in advertising at all? Someone uploads a cool picture, just contact the author about using it, would probably take an hour tops.
4. How can they respect privacy settings (I set my photo to private, therefore FB can't advertise with it) but not respect privacy when I delete my account (the equivalent of setting ALL my content to private).
5. Speaking of Privacy settings they WILL respect, that seems to violate the idea that they are protecting themselves from another FB connect site caching your content. I could set a pic to private and then the other site would have to delete it? Great, why not when I delete my account?
Just to counteract those above who are saying" it's our fault cos we pinched MP3s", I hardly think that is fair as not everyone has done that and I bet there are a ton of users who only know how to use FB not torrents or whatever. Tarring everyone with the same brush isn't a valid argument this time me hearties. And what on earth has MP3s got to do with personal data, a more valid argument would be us stealing data from companies like how much the bonus was for this person and what salary this person was on and what their profits are on this model etc....but this is data stealing not product theft we are talking about....am I right or did I just go off on one for no reason?
but that doesn't mean that it's the right thing or even legal to just take it.
The Wild West is spreading everywhere. Soon it will be OK to grab anything that comes i your way - is not locked up or someone else is chained on to?
If I don't lock my car on the street, is it OK to steal it?
It will never be OK in my world....
I really don't like when serious (?) companies lower themselves like this.
Not everyone has pinched mp3's, to be sure. In reference to your claim: the
end product is still digital. It doesn't f'ing matter whether it is personal
or creative. It is still appropriated without express and specific permission.
I am somewhat agog at the overwhelming response here against an entity
pilfering digital property when this is, in fact, a common internet behavior
(whether the entity is a large corporation or your college buddy).
'Course, if all you responsive folk are creative producers then, of course,
the overwhelming backlash makes perfect sense because you have the most to
lose.
I add my voice to the chorus.
http://www.facebook.com/people/Jacob-Guay/13659...
We are not using FB to SELL our private data - if we were, that would change this picture.
From comment above: "For years we’ve lived off the idea that content on the net should be free. If record companies or movie studios release content digitally, millions of us have gone by the principal that we can take that content for ourselves and not pay for it. Their content is arguably much more valuable than ours yet now we seem to be uncomfortable with this idea when it comes back in our direction."
This misses the point entirely. If we were SELLING something and then FB said they had full rights to our work, then you could make a similar comparison.
I stopped putting photos up on FB ages ago and suggest that anyone who cares about their pictures watermark them, right across the middle of the photo... this way you get credit for it should they be used elsewhere.
I would also suggest you re-check your privacy settings... they may have mysteriously & suddenly changed since the new TOS.
Please join us!
http://www.facebook.com/group.php?gid=77069107432
Email opt out: "Opt out of receiving emails from Facebook.
Note: Even after you deactivate, your friends can still invite you to events, tag you in photos, or ask you to join groups. If you opt out, you will NOT receive these email invitations and notifications from your friends."
Look, people. There's NO escape. Like the PP said... it becomes a FB time capsule. There's really no clear way to delete it. The best you can do is delete ALL personal info (including pix), all friends, and change your name to "John Smith" and put your "network" (location) as NYC and just abandon it.
SELLING has nothing to do with anything. If I post a sketch that I have NO
plan to sell, neither you or Facebook have the right to acquire the image
for your personal or commercial use without specific permission to do so.
Right now, I'm just very happy that I don't use Facebook.
b.s propaganda vid, but worth the watch. http://albumoftheday.com/facebook
rights to use the text messages you sent over their network.
Facebook should be a conduit for content, not the user of the content.
Facebook is still saying the opposite.
USER CONTENT is NOOOOOOT facebook propert. Who the heck wrote this crap???
Or has that started already..? As a creative person, this gives me the willies.
maybe ya'll should actually read the TOS.
The clause that this article mentions, just states that when you upload something to facebook, they can post it...
And the second clause just states that if you cancel your account, you're still subjected to their TOS
other than that... ya'll are idiots. Facebook isn't going to sell your damn pictures.
Did ya'll really think they were?
so david's earthworm brain might actually comprehend what is stated:
Quote:
You hereby grant Facebook a perpetual, fully paid, worldwide license to
copy and create derivative works and distribute any User Content you post
on the Facebook Service.
internet, but this is just ridiculous. There is a reason that Facebook,
supposedly, gives us the right to control what other uses can see. Apparently,
however, our full name, face, and other information could appear in a
completely different city from where you live. That just completely defeats the
purpose of all of the privacy settings that we can modify.
That is not exactly true. In my home state of Virginia, it is against the law for anyone to use a recognizable picture of me (a private person) in a commercial manner without my written consent.
So if someone posts a picture of me and Facebooks decides to use it for something, they will have to defend that use in the Virginia Courts.
Public domain is not applicable (in most cases) when one is referring to
modern creative work.
Public domain covers work not copyrighted at all or the copyright has
expired.
anyone to see. If you are going to post something to facebook you should use
discretion. If I don't care about it I will post it. If I do then I will
think about what the possible consequence would be. Use your head and don't
post things that you don't want someone else to have access to or control over.
Ownership; Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Facebook Service are the property of Facebook and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, FACEBOOK, the F LOGO, FB, FACE, POKE, THE WALL and 32665 and all related logos, are trademarks of Facebook. Except as expressly authorized by Facebook in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
all with a sneaky little change in an online Terms of Service agreement that no-one ever reads. Thank goodness for the bloggers!!
There should be a law against this!!! Its like the credit card companies changing the terms of service on their credit cards and all of a sudden jacking up your rates or changing the way they calculate interest on outstanding balances. Its outright theft!
not like alot of things.. im sure they also reserve the right to ban and delete
anyone they want at anytime FOR ANY REASON THEY FEEL FIT.. so before you go and
get all pissy about this and you dont want them using your stuff.. DELETE
first, close your account later.
social networking group use.
http://www.socialmediabuyingguide.org/post/inde...
information on FB on my blog: "Important Application settings to keep your information safe
on FB" Sure it doesn't solve the problem of the delete account issue but worth
looking into.
bringing to light the fact that the Facebook TOS is closer to the norm than the
exception. You can read my reflections here if you're interested: http://tinyurl.com/brfex9
to, like a famous picture?
I believe the vile shadow government controls Facebook.
Seriously, it is vile.
I deactivated my account a year ago and saw the controversy over the updated
TOS on the news. Is it retroactive?
Do you realize that by posting your response on this website you are doing the exact same thing?
This comment is now public domain and there is nothing I or you or anyone can do about it.
welcome to the 21st century. keep sharing this link on facebook. that'll do the trick!!!
I'm sure the IP address that this was sent from wa saved as well so anyone with decent access can even find out where I am sending this from
But the BIG difference between us taking stuff off of the internet and this,
is that we take it and use it THEY take it, and can (legally) do whatever
they want to it sell it distribute it or w/e
And to be clear, the license is in regards to the "promotion of the Facebook Platform". Yes, they can use your image in an ad, for example. If you delete your photo, they can still use it. If you don't own the rights to an image they use, you are in breach of their TOS because you uploaded the image.
This is just common sense.
They aren't going to run amok creating some kind of Getty Images "photos of people on Facebook for sale" service. Use your brain. Articles like this are boring, fear-mongering crap aimed at the very lowest common denominator.
"Mark Zuckerberg, creator of Facebook, doesn’t have his own Facebook page. I went through more than 50 “fan†and “join group†pages before it started again and he doesn’t have his own page. I wonder why?"
An example of someone who doesn't know how the Facebook privacy settings work. And moreover, the guy doesn't have a public profile specifically so he won't need to field thousands of messages from idiots on the internet. The license agreement complies with your privacy settings.
And please, fix your commenting system. It's crap. For a site that prides itself on "Web 2.0" coverage, you should at least be able to set up your form textboxes correctly.
NOTE: I would have a read through the terms of service before you upload anything you wouldn't want facebook to take ownership of.
http://blog.facebook.com/blog.php?post=54434097130
As for why they are doing it, Facebook Connect is one good reason. Another is that this kind of clause is practically required for them to be able to create thumbnails, rotate images for you, tag images, or do anything else that modifies your pictures. Google has had legal problems multiple times with their image search that displays thumbnails; the owners of the linked websites sued Google, claiming copyright infringement for creation of a derivative work. This type of clause in ToS protects the company from that. It also would allow them to do other things, but I seriously doubt they would take advantage of it; the PR implications would be horrid.
http://www.guardian.co.uk/technology/2008/jan/1...
I hate others keeping my stuff without my permission!
Don't simplify a complicated state of affairs just to serve your inability
to rationalize information.
The internet is much more just a simple family hangout. It is also vast
marketplace and gallery for a myriad of creative content.
There are legal expectations attached to the ownership of creative work that
ha been submitted to the web that must be diligently maintained and overseen.
When one of the web's largest social network providers decides to 'adjust' a
TOS statement directly impacting the licensing of User Content (which
includes innumerable creative expressions contained within the network) it has
simply stepped into the light of investigation and oversight which is exactly
what this article and thread is about.
To simplify this into a family/friend affair, as many have done, illustrates
the void of knowledge out there on this matter.
However, the key is still not to post anything you don't want everyone to have access to. Such has been the lessons with MySpace.
Howard
to put any of my material up that I may use later, it is just common sense. The problem more lies in the principle. I didn't agree to those terms when I signed-up, and everything on my facebook was posted before the new TOS. So either we deserve a chance to take down what we don't want to possibly be used by facebook, or the new TOS does not apply to anything posted before prior to the
new TOS.
Pretty simple.
Servers are servers and they have to keep backups in case they go down. If they went dowm and then came back up and your information was gone, would you like it? Probably not.
All my base are belong to you, now?
1. Sharing IS the point of facebook. Without that user case, it has little value.
2. Other sites seem to have no problem with more fair terms of service. Flickr.com
doesn't suddenly get the rights to all your work. In fact, it allows you, the
user to set your own licensing terms for each content item. Why? Because it
wants intelligent and real photographers using their system, and not just
myspace teens.
FB could easily do the same, and simply allow the content to continue to belong to the poster.
if the legals can't figure out a way to respect our privacy while protecting
their butts, then they shouldn't have ventured into social networking.
I'm incensed and what a wasteful shame.
I’m currently not inclined to set up my own server and write the code for my own social networking community (yet).
I haven’t been getting any unwanted solicitations from FB since I started using it. I haven’t seen an increase in SPAM, and I haven’t seen a intrusion on my privacy that I haven’t already condoned before deciding to use FB. As I understand, FB’s intentions are genuine and not out to harm people.
Moreover, I’m curious, how many of us (including myself) have posted on FB pictures of friends before asking for their permission? Wouldn’t that be a violation of their privacy as well?
Social networking via the internet involves trust on a medium that is free and open to the public at large, and I know that I have control as well as responsibility over what I post.
The terms and conditions are to protect Facebook from pathetic lawsuits. They
don't at anytime claim ownership of your materials, merely a license to use it. If all Lawyers were chopped up & fed to fish this type of ToS wouldn't be required to cover their arses.
Then in December 2006 they started broadcasting the things you bought online to all your friends. No, I didn't have any holiday surprises ruined... but the idea that they did all that without asking for an opt-in offended me. And so I decided to delete my Facebook account. I delinked my blog from it, took down everything I could. And then went to delete it. That is when I found out you can't delete a Facebook account. You can only "deactivate" it. I got this email:
***
Your Facebook account has been deactivated.
To reactivate your account, simply log in as you normally would, and we'll send you a reactivation email.
Come back soon,
The Facebook Team
***
So they still have *some* amount of my info in their servers. And now they claim to own it. Grrrr.
go on it anymore.
A couple of weeks ago, we posted an update to our Terms of Use that we hoped would clarify some parts of it for our users. Over the past couple of days, we have received a lot of questions and comments about these updated terms and what they mean for people and their information. Because of the feedback we received, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised.
Terms of Use Update
Close
Over the past few days, we have received a lot of feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised.
If you want to share your thoughts on our new terms, check out our group Facebook Bill of Rights and Responsibilities.
Power to the people!
security pro I know that companies look at your facebook when recruiting, the police can find out more about you there than in any of their leads. All Your Bases Are Belong To Us
Professional's have DEEP concern about copyright issues, most pro artists DON'T behave the way other's do, we don't download music & movies illegally and we don't assume everything on the internet is free. We have an understanding of copyright laws and what it actually means to spend hours, days and months to create something original and have it stolen from you by people who don't give you any credit and in a way that doesn't benefit you financially. The mind-set that "everything on the internet is free use, and if you don't like it, don't upload shit and don't complain if someone steals your stuff" is completely retarded; although I can understand it (it's very easy to assume something doesn't matter if it doesn't affect you). However if you just take a moment and actually imagine what the internet would be like if artists of all kinds decided to take on that advice, and didn't upload anything they weren't willing to give away for free… what would the internet actually be like?
Would you be able to enjoy looking at amazing artwork on websites like DeviantArt, or ConceptArts, or CGSociety, would you be able to learn for free directly from the masters you admire through the work they share on sites like that? Would you be able to hop through MySpace profiles listening to music from fringe, indie and alternative bands, finding new favorites? Would you be able to enjoy all kinds of content on YouTube, put there by pro’s who want to reach new audiences?
No, you’d have to buy the books, DVD’s, CD’s or simply never, ever be exposed to it.
I’m old enough o remember what it was like before the internet, and to look at something that interested me I’d have to watch TV, go to the library or buy magazines… and even then I had an extremely limited selection. Now, I have an unlimited mind-boggling access to the entire world, I learn something new everyday, I see something amazing everyday.
The internet is an incredible tool for learning and discovering new things, seeing amazing things you’d never otherwise see. But if you treat it with disrespect as if it’s some right that you can shit all over and the people who provide all of that amazing content should just suck it up and be grateful to you…. It will eventually go away. Artists are already pulling their work from public venues; artwork is now being covered by big ugly watermarks that stop you really being able to look at it, all because of the attitude “if it’s on the internet, it’s freeâ€.
I really wish that those of you who think like this, and who respond that the only solution for people who “whine†about copyright, and their work being stolen is for them to “not upload†what they want to keep would think about what their actually saying, and how unreasonable their being. If no one who created things uploaded them, can you imagine how boring the internet would be? And what about people who are trying to get jobs and become “known†in their fields? What opportunity will they have if they can’t upload their work to showcase to prospective employers? I often speak about artwork because I’m directly in that world, and you who aren’t have no frikken CLUE how hard it is to be noticed and become successful… if it wasn’t for being able to have galleries online, most artists would struggle to be “discoveredâ€.
I really wish that people would think about the implications of a situation beyond how it affects them and actually give a damn. There isn’t anything wrong with caring, and doing something about what you care about IS valuable and it DOES change things. The apathetic stupid attitude of “doesn’t affect me, I don’t care†is destroying so many things, that saying is very true, and I wish people would have the integrity and determination to care about things around them, no matter how it affects them – ‘The only thing necessary for the triumph of evil is for good men to do nothingâ€
the need to have an alter ego online. Some of the social networks are a
little more than intrusive.
You owe FB nothing. Take a stance and hit delete.
with others without their knowledge or consent. After people made a fuss, then
they said 'sorry' and offered an opt-out. They are taking advantage of their
members' unsuspecting vulnerabilites once again. They don't care. They figure
do whatever they want until people make a fuss. All they have to do - is say
'sorry' and offer an opt-out. Until then...they'll do whatever they hell they
feel like.
service, then are they also taking on the copyright infringement lawsuits of
people who never authorized their content to be published in the first place?
Why not dump a bunch of Warez, stolen music, pirated videos, links to P2P
sites, etc all over here and let Facebook have all the ownership they want of
a bunch of stolen property? Possession of stolen property is a crime - if
stolen content is published, and Facebook automagically takes ownership of it
then how can they not be held liable for the illegal possession and/or
distribution of that content?
Then the record companies will go after them for storing the content.
But they probably covered their asses about that right at the beginning.
They keep credit card details which by the way is not collected via https <-- I'm not a boffin but I'm sure this is not very secure...
Cheers guys, not using facebook again.