I thought I'd stop by Facebook this morning(ok it's 1:00pm and I just woke up and happened to go there now-ish, but I was totally working on something cool till early this actual morning[6:40am], so for all intents and purposes this right now is 'morning' for the rest of the post.) and saw they'd updated their Terms of Use now deemed 'Statement of Rights and Responsibilities' which alone probably set at ease at least 30% of its outraged users. For the most part it's the same as before except now they've closed a whole lot of legal loopholes that their lawyers didn't see originally, specifically the stuff that made the contract completely null and void by virtue of being contradictory and unenforceable, and the language has been revised to be 90% not shady, and in the shady spots to be convoluted enough to throw off an estimated further 45% of disgruntled current and former users. After that there's an estimated 20% that have to use Facebook for work or networking and does so cautiously and then the again [personally] estimated 5% that realizes they couldn't take the social network giant in a legal battle, and that they could easily change their TOS by a few words to something like, "By maintaining a membership you give us lifelong irrevocable consent to use and complete ownership of your content to do with it as we please including all the intellectual works you've posted or may in the future post on Facebook, or have stashed away in your basement" oh wait, they already tried to do that. I meant do something like that again.

So with that said, what are the goods and bads about the new Facebook TOS (a.k.a. [long pandoring name])?

Pros

• It's now legally enforceable and valid - a pro cause all the protection they claim to provide, they now actually mean it and are legally obligated to enforce it. With an invalid document as they had prior they could do ANYTHING with voluntarily submitted content, including identity, by virtue of it being invalid.
• They now have to give 3-7 days notification when they change the TOS, which will allow users the chance to get out at the very least for one TOS revision, more if in that revision they don't choose to change that very statement, in which case you get at least one more use out of the clause.

Cons

• It's now legally enforceable and valid - even though they had carte blanche with your identity, content, and intellectual property with their old invalid agreement, some local laws trumped such behavior. Now that you're signing a valid contract by using their service, the shady things they stipulate are now their legal right.
• Their ownership of your intellectual property, personal information, and identity(name, address, phone number, pictures of you, etc.) is total and unlimited. ANYTHING you post on Facebook belongs to Facebook until you delete it or close your account. The excerpt below may be confusing,  it doesn't give Facebook the right to use anything you post anywhere on Facebook, instead it gives Facebook the right to use anything you post on Facebook or anywhere else on the net in connection with Facebook(and increasing amount of sites including CNN and other big players, there is no stipulation how loose a connection it needs to be) anywhere in The Universe(incl. France, Mars, Texas, TV, Magazines, Patent office, Jive Records, Radio, etc.). While you have some control over their ownership of your content via privacy and application settings there is nothing in the TOS that stipulates Facebook has to give you the ability to control all aspects of their ownership rights. Furthermore there's no stipulation that you need to be notified when they remove or change the wording of privacy and application controls. In fact, there are no Intellectual Property controls mentioned.
  "For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it)."

So what to make of this? Is Facebook less or more shady now? Here's my survival guide for the current TOS:

1. Use Facebook every day. In some cases(when it involves money, and/or you've written an application for Facebook) you only get 3 days warning of TOS changes and knowing Facebook's past stance on the permanency of their rights you don't want to be stuck in that mess. You also need time to say goodbye to your 'friends', once you delete your account, any goodbye message will be hidden from other users; snatched from their inboxes.(The TOS allows them to keep these messages on Facebook but as of yet your stuff disappears)
2. Don't put anything on Facebook or any site that uses 'Facebook Connect' or is in any other way connected with Facebook that you don't want to share equal ownership of with Facebook [and any of it's employees acting in the name of Facebook],  including but not limited to your name, likeness, image, identity, video footage of you or your family, art, poetry, music, or any other creative content. It's worth mentioning again that they can do anything with such content anywhere, for and to anyone.
3. If you have to put personal information up, you know, so people know who you are and so you can interact with them, make sure to double check your privacy settings. Keep a note that all the privacy settings that were there yesterday are still there today, because they can change whenever Facebook pleases without notice of any kind. Hope Facebook gives you controls over how THEY can use your content rather than just what type of friends and other users can view your content.

To reiterate and conclude: fuck facebook, they are at par ethically with people that author malicious viruses and data harvesters. I hope Zuckerberg get's analy raped by big donkey dick and/or if the site should EVER manage to turn a profit for him to turn around and support cancer research or something good that balances out the shameless exploitation of his sheep-like mindless users.

This entry was posted on Wednesday, May 20th, 2009 at 2:43 pm and is filed under Anti-Idiocy, Other Idiots. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.