Facebook has incurred the wrath of national media outlets and users with their new terms of service. I have to say that I was a bit surprised at their wording and what appeared to be a rather large swing from their old terms of use. Then I wondered how many times do I hit “accept” and not read the terms of use?
On MSN (where I have my personal email) it is clearly stated:
However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, nonexclusive and perpetual permission to:
*use, modify, copy, distribute and display the content in connection with the service and other Microsoft products and services;
*publish your name in connection with the content; and
*grant these rights to others.
And on LinkedIn where many of my contacts and business associates post their resumes and professional writings each user agrees to:
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).
How about YouTube? Did you really think no one was looking? If you post there you accepted the following:
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
User be advised. There is NO place on the web where your posted content is only yours. I have often warned my children and others that if you would not want a picture on the front page of a newspaper, then do not post it. ANYONE can right click and save a picture unless you have it protected. On many of these share sites there are individuals far worse than Big Brother (whoever he/she may be LinkedIn, MSN, MySpace, Facebook) that content on the web can last a lifetime. A page can be saved and recalled even if you try to delete it. That is the double edged sword that is content and information sharing.
So what can you do to protect your self- generated and individually owned content? You can begin by reading the terms of service and if you do not agree to all the terms then do not click accept. You can stop posting original content on a site instead post a link that drives people to your site. You can protect your material with taking the necessary precautions (trademarks, copy writes, etc.)
Before I would take down any content I would answer these questions:
1. Who would want this? Really do you think Facebook wants pictures of your son’s third birthday?
2. How could this be misused?
3. What is the risk versus the benefit of sharing this information?
I also recommend that you understand, all terms of service state they may be updated without notice. Further if you provide any information that is false (date of birth, name, etc.) or share your password with anyone you are in violation of the terms. And you ask “how would they know?” exactly. What do you think Facebook was thinking when they changed their terms?