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Recent revisions to Facebook's terms of service resulted in debates regarding the organization's rights over user content. In effort toward creating a solution, Facebook has now returned their terms of service to its previous wording.

Does Facebook claim ownership to any of its users’ content on the site, even if that content has been deleted? A blog's commentary over the weekend regarding a change Facebook made on Wednesday to their terms of service sparked this question and created a firestorm of banter on the Web. In an attempt at fixing the situation, Facebook has now brought back their previous terms of service.

Upon logging into Facebook, users will find the most recent update on the site's terms of service: "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. For more information, visit the Facebook Blog."

The public has even been invited to share their thoughts on what should be in the new terms, via the site's group Facebook Bill of Rights and Responsibilities.

Company legal representative Suzie White explained the recent terms of service changes in a blog post, "We used to have several different documents that outlined what people could and could not do on Facebook, but now we're consolidating all this information to one central place...We've also simplified and clarified a lot of information that applies to you, including some things you shouldn't do when using the site."

Debates, which began on Sunday, resulted from a revision in the wording of Facebook’s policy where it covers what will happen to profile content (i.e., shared items, notes, photos, etc.) after an account has been deleted.

The Consumerist, a consumer advocacy blog, simplified Facebook's revised policy into one statement they believed to have summed it up:  "We Can Do Anything We Want With Your Content. Forever."  The Consumerist also brought attention to the fact that the new terms of service came without sentences explaining that Facebook's licenses on user content expire after the deletion of an account.

One Consumerist commenter reacted by stating that Facebook should now be called “The Information Blackhole". They went on to warn, "What goes in never comes out. Be careful what you huck in there."

Although most Facebook users were expected to be apathetic toward the terms of service changes, certain supporters of copyright reform and privacy became worried by the news. Examples of those hosting concern included photographers and writers wishing to keep uploaded photos or notes that were written on Facebook, in hopes of eventual profit from that work.

Certain prominent Twitterers and bloggers, such as music critic Sasha Frere-Jones, decided to delete their Facebook account all together, or at least to erase any uploaded content from the site.

On Monday, Facebook attempted to clarify the true purpose of the terms of service changes.

Facebook spokesman Barry Schnitt explained, "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," Schnitt continued. "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)."

Schnitt’s statement also explained that Facebook's license only allows the organization to use user content "in connection with the Facebook Service or the promotion thereof."  Furthermore, he shared how if a user’s content is not public, Facebook will abide with these privacy settings. So, if a profile and its uploaded content have settings which only allow contacts on that user’s friends list to see them, Facebook will not show any of the content to any person outside of that particular friends list. The networking site has communicated their disapproval in circumstances when pictures usually protected by Facebook's login wall or privacy settings have become accessible to the public on the Web.

Although Facebook's terms of service says that the organization does not have ownership over user content, they do have "an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (to)...use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute" material, if it avoids violating any of the user’s privacy settings.

Later on Monday, Zuckerberg mentioned the issue in a post on the Facebook blog. "Our philosophy that people own their information and control who they share it with has remained constant. 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."

Zuckerberg went on to assure that Facebook takes these issues and their responsibility to help resolve them very seriously. 



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Knee-jerk hysteria
By therealnickdanger on 2/18/2009 4:07:33 PM , Rating: 2
I applaud FB for listening to its users... even if its users are a bunch of whiny arm-chair attorneys. Some of my friends posted blatantly ignorant rants about FB invading their privacy, but couldn't cite a specific method by which anyone would (or would want to) use their publically posted content.

*sigh*




RE: Knee-jerk hysteria
By judasmachine on 2/18/2009 6:24:06 PM , Rating: 2
I agree that 99.9% of the stuff on there is less than trivial, but I share some of my writings with a group of writer friends. (most of which is trivial admittedly)


RE: Knee-jerk hysteria
By walk2k on 2/18/2009 6:38:53 PM , Rating: 2
Yeah big surprise, the world isn't clamoring for photos of people taken themselves in their bathroom mirror or blogs of "ate tuna sandwich 4 lunch today", not a lot of profit there...


RE: Knee-jerk hysteria
By omnicronx on 2/19/2009 10:25:39 AM , Rating: 2
You guys are looking at one tiny aspect, I really doubt there was ever a threat of them using your pictures.. But what if you were to post your bands music on facebook, could they now claim rights to that file if they so choose?. This is very similar to what Myspace does and I applaud FB for not following that route.


RE: Knee-jerk hysteria
By LumbergTech on 2/18/2009 7:08:49 PM , Rating: 2
then why do they want to reserve the right to use it....

if it is so trivial and useless?


RE: Knee-jerk hysteria
By TSS on 2/18/2009 10:33:39 PM , Rating: 1
go google your own nickname then go to the myspace page it leads to. if that's you.. well.. go eagle powers. if it's not, you cannot do jack about it. atleast with the facebook's wording, i don't know myspace's policies.

none of your basic constitutional rights matter one bit. untill their broken.

one of the prime examples why it's never good to sign off your privacy to any company: i get spam in my email from company's i've never heard of, or agreed to give my information to. but i probably did agree, under the TOS of another site, that they could sell off that information to another company.

so basically they made money behind my back with making it possible for others to harrass me (which is what it is, i don't need 1000 emails telling me i need a bigger penis). don't think facebook is above selling off your information to another company. and why can they do that? because you enabled them to through that unlimited, unrevokable licence.


RE: Knee-jerk hysteria
By therealnickdanger on 2/19/2009 8:09:05 AM , Rating: 3
When I signed up for FB, I created a brand new personal e-mail address via GMail. I get zero spam. Either they didn't sell my e-mail address or GMail's filter is just that good. I also list my phone number and home address and in the 2+ years I've been on FB, I haven't gotten random phone calls or noticed a rise in junkmail or spam. I'm certain that FB uses information about my age, hometown, sex, marital status, etc. to tailor advertisements to me when I log in, but my HOSTS file blocks them all anyway... ;-)

Myspace, on the other hand... I used a different account for that site and after signing up for that account, I got SO MUCH spam! I've since shut down that account. MySpace sucks. Facebook rules.


Owned
By clovell on 2/18/2009 4:40:45 PM , Rating: 5
Take that, Zuckerface!




Copyright?
By Screwballl on 2/18/2009 4:28:40 PM , Rating: 2
I thought that any content that a user posts, shares or otherwise posts online is the property of the original owner and cannot be shared, moved or used without the owners approval (at least in the US). By facebook taking even the stance they are now, they are taking property rights away from the people for their own benefit.

That is like a city saying "because your house is located within city limits, as long as you live here we can do whatever we want such as paint your house a different color or remove the tree in your front yard and plant it on your neighbors if we want"... granted physical property ownership is different then digital ownership but if I upload my own photos, files, music or other digital media anywhere, they are my own property and no one can use them for any purpose without my approval.
I refuse to use sites that claim ownership of my property, just as I refuse to live in an area with a Homeowners Association telling what I can and cannot do on or to the property I own (which usually includes paying them money to be the a$$holes to tell me what I can and cannot do).




RE: Copyright?
By diego10arg on 2/18/2009 5:29:22 PM , Rating: 2
I guess the whole thing goes beyond moving your tree to neighbors house.

Imagine you have a Gold Tree and your neighbor clones it and begin getting money from it, but you don't know which neighbor is, therefore you take legal actions against the Homeowners Association because they let someone to clone your tree.

What could Homeowners Ass. could do to protect themselves?


Serious Business
By Teancum on 2/18/2009 4:26:10 PM , Rating: 2
Facebook is serious business.




RE: Serious Business
By descendency on 2/19/2009 12:35:20 AM , Rating: 1
This made me LOL.


Excellent idea!
By FaceMaster on 2/18/2009 4:48:59 PM , Rating: 3
I wonder how much somebody got paid for thinking THAT idea up




Hmmm....
By clevere1 on 2/18/2009 8:52:36 PM , Rating: 2
While they can state whatever they want, they can't change copyright law. So those with photo's that are copyrighted are covered under the law, and nothing facebook does even in the eula can go around that...

Lots of Landlords and rental agencies have tried that kinda of thing (I know, not quite the same) in the past, and got burned.




seriously
By medavid16 on 2/19/2009 9:03:45 AM , Rating: 2
I applaud FB for listening, however, at the same time, WTFBBQ were they thinking.

In a word, "pathetic."




Brilliant!!
By jhb116 on 2/19/2009 11:47:05 PM , Rating: 2
Advertising IMHO. Anyone else get the idea they did something absurd to garner the "wrath" of the Internet only to yield. This seems a bit like a ploy for free advertising. Brilliant!




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