Mark Zukerborg wants to assimilate your data into the Facebook collective. Facebook claims to have over 175 million active users who have posted over 10 billion pictures and innumerable number of status updates. Facebook’s Term of Service gives them the right to do whatever they want with whomever they want with any and all of that data, including personal and private data. The Facebook Terms of Service reads…
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 … and (b) to use your name, likeness and image for any purpose, including commercial or advertising
Facebook recently updated their overly possessive Terms of Service to include the following clause…
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.
If I was to rephrase the above legalese to colloquial English, the above corporate chatter would translate to…
All your data are belong to us, for ever and ever, byatch.
The recent update to the Facebook Terms of Service basically claims all user content for ever even if you delete your profile. They can also sublicense your content and derivatives of your works with any body they want without your explicit permission. This change to the Facebook Terms of Service has caused a huge uproar and massive protest within Facebook community.
The often shy Zukerborg responded to the criticism with post on the Facebook blog. Zukerborg tries to make the case that without a possessive and all inclusive license they can’t share your data to those you want to share it with, he says…
When a person shares something like a message with a friend, two copies of that information are created—one in the person’s sent messages box and the other in their friend’s inbox. Even if the person deactivates their account, their friend still has a copy of that message. We think this is the right way for Facebook to work, and it is consistent with how other services like email work. One of the reasons we updated our terms was to make this more clear.
I won’t get into the flaws of the technical details of his statement, how he states that their are two copies for every message, other than to say that he is obviously dumbing down his explanation ill conceived analogies. The key to his argument for such excessive terms is the comparison that sending a message on Facebook to a friend is like sending an email and that this is why Facebook requires special license and copyrights to your message. But this metaphor breaks down immediately, Outlook does not require a special license to deliver an email, nor does the United States Postal Service require any additional rights and privileges to deliver a piece of mail. I mean, not even hospitals claim this much ownership over patient information.
The only aspect of their new policy that seems to work correctly with their email analogy is that once you send an message their is no way to delete it and remove it from the recipients inbox. So in fact Facebook is imposing the worst aspect of a distributed system. In a age of wiki and social media, it seems backwards that Facebook does not allow user within their walled garden to modify, update, edit, and delete user content.
Perhaps the recent update to the Facebook Terms of Service is just a sign that lawyers make more of the technical decisions their than engineers. The legalese stands in the way of what end users actual want. In fact, you don’t really need this strong explicit legalese. When an end user sends a message to a friend, it is implied that the underlying system has the right to deliver it. The truth is that strong arming end users to new Terms of Service with what is outright excessive rights is bad a huge misstep in the management of Facebook. It clearly does not have end user’s data in mind.
In fact, even Zukerborg admits that the Terms of Service are overly excessive
A lot of the language in our terms is overly formal and protective of the rights we need to provide this service to you
I wouldn’t trust them with my pictures, because their Terms of Service allows them to do whatever they want with them, whether I approve of the usage or not. Zukerborg stated that they would share the data in way the end users wouldn’t want it to be used, but the fact is that they don’t have to ask user for any sort of permission and Facebook corporate can in fact do as they wish your the precious pictures of your kids, or the naughty pictures you marked as private.
In our digital world, data can identify us as much our fingerprints. Even anonymous search data has been used to track down individuals. Personal information is own by the individual, this is certainly true such as your hospital patient records, so why would private company would claim such excessive ownership of your data?
This is just another huge misstep by the Facebook management, and follows other Facebook Failures such as the UConnect litigation and Beacon fiasco.
UPDATE: Facebook has reverted their Terms of Service to an earlier version. This is a small victory for the Facebook community, but Facebook still claims excessive rights to do what they want with end user data while on the service.