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Facebook Doesn't Own Your Info/Pictures

Facebook Doesn't Own Your Info/Pictures

Yesterday, there was an outcry from thousands when Facebook changed its terms of service claiming ownership of anything uploaded to the social network [via Consumerist].

Facebook founder Mark Zuckerberg has gone on the record to say that users will always own and control their information, not Facebook.

“Our philosophy that people own their information and control who they share it with has remained constant.” he wrote. “A lot of the language in our terms is overly formal and protective of the rights we need to provide this service to you. Over time we will continue to clarify our positions and make the terms simpler.”

A Facebook rep continues,” We are not claiming and have never claimed ownership of material that users upload. The new Terms were clarified to be more consistent with the behavior of the site. That is, if you send a message to another user (or post to their wall, etc…), that content might not be removed by Facebook if you delete your account (but can be deleted by your friend). Furthermore, it is important to note that this license is made subject to the user’s privacy settings. So any limitations that a user puts on display of the relevant content (e.g. To specific friends) are respected by Facebook. Also, the license only allows us to use the info ‘in connection with the Facebook Service or the promotion thereof.’ Users generally expect and understand this behavior as it has been a common practice for web services since the advent of webmail. For example, if you send a message to a friend on a webmail service, that service will not delete that message from your friend’s inbox if you delete your account.”

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28 Comments

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# 1

what about fixing the poser problem??? huh????
Fb is so LAME

# 2

did they pay you to defend them?

# 3

the new facebook pretty much sucks. i stopped updating anything almost a year ago…..

jared, why does the jjs suri top pick link to the Jlo post? pleas fix it

# 4

No Mia, they did not pay me to defend them. I wish!

# 5

Lies: “You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense)…” If that is not ownership, what is it Mr. Zuckerberg?

Greed is again proving to guide all the big corporations….even FB.

They are protecting themselves for the slow FB declining…
THey are forecasting that but they cannot see that with actions like this they are digging their own grave….

GOOD BYE FB….

# 6

OMG…..SO YOU WISH!!!!!

AWFUL!!!!

ready to sell yourself…. at least you are sincere

# 8

hummm .. il y a anguille sous roche i think !

# 9

facebook is amazing. way better than that stupid thing called myspace

I agree, k. It’s much better than myspace. I have been concerned over the fact that I’ve read they own the rights to any pictures that you upload. Jared, or anyone, do you think that is still the case?

“We are not claiming and have never claimed ownership of material that users upload”

why does it say this then in the Terms of Use:

You are solely responsible for the User Content that you Post on or through the Facebook Service. 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-instellingen 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. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.”..

If I have read that correctly doesnt that say :
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license 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 Facebook or (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.

or am I wrong?

It doesn’t matter what they SAY. In a court of law what is Written is the contract for use. They have that particular wording in the contract for THEIR benefit.

Just so you know NONE of you will EVER be famous or infamous enough for Facebook to benefit from your personal pictures of you drunk off your ass. So I don’t understand what the problem is.. I think FB is great. So stop your whining about it.

D,
I know I’ll never be famous or infamous. But, take for instance my friend’s death whose FB page was deleted quicklly after her death. Through other friends’ pages, photos of her were published in the news, without permission. It’s not something we didn’t see coming, and it was even discussed by the deceased before her death, but it still is a slightly uncomfortable thing that any photo or information about you can be accessed by media outlets at any time and used in their “journalistic” work, rather than calling and speaking directly with sources. Just consider it for yourself, that’s all. For the record, I’m keeping my Facebook page.

lakers fan in boston @ 02/17/2009 at 4:10 pm

yawn who cares….
ppl just making a big deal out of nothing AGAIN

I used FB for a year…and yah…it totally sux! I deleted my account because I didn’t get anything out of it. I like the individuality of myspace better…it gives me a better sense of a person by their profile.

He’s lying, what a bunch of crap. Facebook owns your stuff and of course they dont want to tell you that. You suck Facebook.

Re: this comment: “behavior as it has been a common practice for web services since the advent of webmail. For example, if you send a message to a friend on a webmail service, that service will not delete that message from your friend’s inbox if you delete your account.”

When I deleted my Myspace, it DID delete everything I had posted or sent to other users. So there’s a distinct difference.

To all complaining….you CHOSE to put your information, pictures, etc. up there, which Facebook lets you do for free. Obviously there is going to be compromise since you’re giving facebook this kind of access. I know that you have privacy settings and whatnot, but there is some way someone will find those things. Anything you put on the internet is accessible; someone will find a way to it.

The phrase below says it all. These are the legal positions asserted in their “terms of use” … not some airy “clarification”. My husband is a lawyer and he says that according to what Facebook has written in it’s policy, it is claiming ownership of all material uploaded to Facebook. They may not chose to use it, but they are claiming the right to do with it whatever they want.

Read these terms yourself. You don’t need to be a lawyer to understand what is being said.

‘in connection with the Facebook Service or the promotion thereof.
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense)…”

If you read the license, it specifically states that their ownership is limited by your privacy settings. He did not just say that in the interview, it’s actually in the license.

zzzzzzzzzzzzzzzzzzzzz @ 02/17/2009 at 7:45 pm

facebook is for juvies. who cares. people on facebook need to get a life!

When are people going to realize that by putting up anything on Facebook, or the Internet in general for that matter, you are basically giving up the right to keep those things personal. If you have a problem with that, it is very simple, don’t give that information out. Facebook is a free site, and they allow you to sign up for no charge. However, it is also a public networking site, their public networking site, which means you give up certain rights to privacy by creating a profile there.

Snow White @ 02/18/2009 at 5:16 am

Yeah, right.

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