Facebook Manifesto Creates Havoc

Ok, here is the scoop on Facebook’s latest shenanigans.  I love Facebook as a marketing tool but this needs to be spread so people know what’s up.  How many of us actually read the TOS (terms of service) that comes with the many applications, software and social media sites that we participate in?  Right, me neither…until now.  Facebook’s TOS used to say when you closed your account on their network any previous rights they claimed to your original content you uploaded would expire.  Or something to that effect anyway.  Not anymore.  The new TOS says that anything you upload to Facebook can be used by Facebook however and whenever they want forever and ever, Amen. 

So for the huge number of writers and artist that read my blog…that is a big deal.  Just make sure you watermark everything so it cant be stolen easily and be mindful of what you upload.  Here is the verbage from the contract:

                     “ You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-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 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.”

there are a few lines that used to be at the end of this that no longer appear.  It reads… 

“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.”

And further, here is a portion of the termination agreement…

“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.”

Finally it is pretty common but, did you know you also agree to arbitration?  So just be certain of what you are gicing up.  I wtill see awesome value in using Facebook as a marketing tool but will be cognizant of what I am linking to and putting up.

So you decide.  Here are the links. New TOS (from 4 Feb 2009) [Facebook]

old TOS (Thanks to Clark!)

Original article by Chris Walters at the Consumerist.  http://consumerist.com/5150175/facebooks-new-terms-of-service-we-can-do-anything-we-want-with-your-content-forever