Capping IT Off

Capping IT Off

Facebook owns your content

Category : Data

Since yesterday, Facebook owns your content you published on Facebook and the content you link on, on Facebook. They removed a tiny section in their terms of service and changed somes lines. It now states:

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.
[...]
The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

All your content on Facebook now is owned by Facebook even after account termination. You gave it away, for free, without probably even knowing it. Well it isn't a new phenomon. Facebook already owned your content till the moment you decided to terminate your account. Something identical happens at LinkedIn, LinkedIn can use your content for commercial use.

Each User grants LinkedIn a license to use the content supplied by each such User for the purposes of disclosure on the LinkedIn website.

This license includes, inter alia, the right for LinkedIn to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of LinkedIn and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

If you are user of Facebook and LinkedIn you'll probably never noticed these sentences in the TOS, or you did not care. The service PatientsLikeMe provides a platform on which patients can share their personal health data. 'Patients embrace the open sharing of personal health data because they believe that information can change the course of their disease'.

Do you like the barter you have with Facebook and with LinkedIn? People participating in PatientsLikeMe thinks it is worth to share their personal health data. It adds value for them and for medical institutes, it provides new insights that would not have been discovered if people did not share their information.

What do you want to give away to get some value out of a service?

Rick Mans is Information Architect and a social media evangelist within Capgemini. You can follow and connect with him via Twitter or Delicious

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Rick Mans
7 Comments Leave a comment
Hi Rick
Thanks for the link back to my post about this. It isn't really correct to say that Facebook owns its users' content. That being said its license is pretty broad and the rights Facebook enjoy as a result of the license come pretty close to ownership rights.
There are also good reasons why businesses should think carefully about using Facebook as a marketing platform. At the very least they should take notice of things like the terms of use when planning their campaigns.
jumeh's picture
Q: "What do you want to give away to get some value out of a service?"
A: Your privacy perhaps... (See relevant post at: <a href="http://www.bcs.org/server.php?show=ConBlogEntry.959)" rel="nofollow">http://www.bcs.org/server.php?show=ConBlogEntry.959)</a>
Well spotted Rick, and it's not just your content but also your personal information it would seem.
Well, the debate about what you would give away to get value out of something is certainly interesting, and as more and more value emerges we're seeing people give away more and more. I'm happy with that.
But the Facebook terms are completely reasonable. They need to use your data to run Facebook!
The key bit is at the end: "on or in connection with the Facebook Service or the promotion thereof." i.e. they can use your data to run Facebook, but they can't suddenly start selling prints of your photos, or printing books of your wall posts to sell in shops. This would not be considered as using it "on or in connection with the Facebook Service".
There's a response from Facebook:
"Our philosophy is that people own their information and control who they share it with. When a person shares information on Facebook, they first need to grant Facebook a license to use that information so that we can show it to the other people they've asked us to share it with. Without this license, we couldn't help people share that information.
One of the questions about our new terms of use is whether Facebook can use this information forever. When a person shares something like a message with a friend, two copies of that information are created—one in the person's sent messages box and the other in their friend's inbox. Even if the person deactivates their account, their friend still has a copy of that message. We think this is the right way for Facebook to work, and it is consistent with how other services like email work. One of the reasons we updated our terms was to make this more clear."
<a href="http://blog.facebook.com/blog.php?post=54434097130" rel="nofollow">http://blog.facebook.com/blog.php?post=54434097130</a>
rimans's picture
Paul,
Thanks for your reply. Really enjoyed reading your posst. You are right, FB was / is not owning the content, however it comes really close to it (it just became a matter of a legal definition of ownership). I agree with you that companies should think at least twice (and probably read a time more the TOS) before they start using FB as a marketing platform. It is a great platform, however like a great things, there are downsides.
rimans's picture
Jude, Thanks for adding the link to the article. It adds value to this blogpost. It is indeed a decision people (should) make what they are willing to give up.
Dan, I really do not know if we should be happy people giving more and more away. I am happy with that if people are aware what they are giving away.
FB does not need your information to run FB, they need people to utilize FB and they need their platform to service that. Information is not needed by FB, it is required for people to interact with one another.
I really wonder why FB relates their message system with email. Especially since it is not email. E.g. when you delete a DM you sent in Twitter it will be deleted in the DMbox of the one you send it to too (not claiming that Twitter DMs are the same as FB messages though ;)). I think they could had better said that is was because the system was designed in such a way. Otherwise you could state that a car and a bike are the same, just because they have some wheels and can easily cover a mile or two within 10 minutes.
Hi Rick,
have you seen this article <a href="http://www.thestandard.com/news/2009/02/16/facebook-we-have-never-claimed-ownership-members-content" rel="nofollow">http://www.thestandard.com/news/2009/02/16/facebook-we-have-never-claimed-ownership-members-content</a>
It seems Facebook Steps back; Maybe they should rewrite their ToS ?
Regards,
Mauro
rimans's picture
Hi Mauro,
I like the idea to crowd source the TOS as named by Andy Piper: <a href="http://andypiper.wordpress.com/2009/02/18/facebook-crowdsourcing-a-new-tos/" rel="nofollow">http://andypiper.wordpress.com/2009/02/18/facebook-crowdsourcing-a-new-tos/</a>

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