The Consumerist has noticed a seemingly slight but very important (and disturbing) change in Facebook’s terms of service, regarding user-generated content.
In short, all of the content you’ve ever uploaded on Facebook can be used, modified or even sublicensed by Facebook in every possible way - even if you quit the service.
The TOS says the following:
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.
It also used to contain another bit that is now missing.
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.
This is also reinforced by the “Termination” section:
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.
Sure, most users don’t really care (or think they don’t care) about all this, but the idea that you now cannot stop Facebook from using your content should you ever want to is frightening to say the least.
Is Facebook Connect the reason?
Commenter OrtensiaCadmium on Consumerist finds a probable reason for this change in Facebook TOS.
“That’s fairly common language in terms for various sites such as Facebook. While it gives Facebook some far-reaching and scary possibilities, the basic idea is that things you upload may end up residing on servers outside of Facebook’s direct control. These broad rights make it so that you can’t sue Facebook for some cached content on some other server…”
Yes, with Facebook Connect in place, it’s likely that Facebook simply must do this in order to avoid possible lawsuits over content that isn’t even stored by them anymore. However, the same commenter rightfully notices that “…yes, it also means they can sell your photos or use them in advertising with no recompense to you.”
It’s not just your stuff, it’s everyone’s stuff
The possible implications of this TOS change go beyond these concerns. Sure, you can choose not to use Facebook at all, but that doesn’t mean a thing. Someone can still take your photo, slap it on Facebook, and now neither you nor the author of the photo can stop Facebook from using the photo in whichever way they please.
Looking at it globally, millions of people are uploading bits of information on everyone and everything, to a huge online database, and by doing so they’re automatically giving away the rights to use or modify this information to a private corporation. And not only that; they now also waiver the right to ever take it back from it.
Facebook should take a long, deep look into how it treats its users. Until now, users had options with regards to how the data they generated on Facebook was used. Now, they have no options whatsoever, rather than quit the service altogether. It’s a major difference; I’m not going to take it lightly, and neither should you.
In short, all of the content you’ve ever uploaded on Facebook can be used, modified or even sublicensed by Facebook in every possible way - even if you quit the service.
The TOS says the following:
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.
It also used to contain another bit that is now missing.
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.
This is also reinforced by the “Termination” section:
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.
Sure, most users don’t really care (or think they don’t care) about all this, but the idea that you now cannot stop Facebook from using your content should you ever want to is frightening to say the least.
Is Facebook Connect the reason?
Commenter OrtensiaCadmium on Consumerist finds a probable reason for this change in Facebook TOS.
“That’s fairly common language in terms for various sites such as Facebook. While it gives Facebook some far-reaching and scary possibilities, the basic idea is that things you upload may end up residing on servers outside of Facebook’s direct control. These broad rights make it so that you can’t sue Facebook for some cached content on some other server…”
Yes, with Facebook Connect in place, it’s likely that Facebook simply must do this in order to avoid possible lawsuits over content that isn’t even stored by them anymore. However, the same commenter rightfully notices that “…yes, it also means they can sell your photos or use them in advertising with no recompense to you.”
It’s not just your stuff, it’s everyone’s stuff
The possible implications of this TOS change go beyond these concerns. Sure, you can choose not to use Facebook at all, but that doesn’t mean a thing. Someone can still take your photo, slap it on Facebook, and now neither you nor the author of the photo can stop Facebook from using the photo in whichever way they please.
Looking at it globally, millions of people are uploading bits of information on everyone and everything, to a huge online database, and by doing so they’re automatically giving away the rights to use or modify this information to a private corporation. And not only that; they now also waiver the right to ever take it back from it.
Facebook should take a long, deep look into how it treats its users. Until now, users had options with regards to how the data they generated on Facebook was used. Now, they have no options whatsoever, rather than quit the service altogether. It’s a major difference; I’m not going to take it lightly, and neither should you.
