New Facebook TOS States They Own Your Data
Author: Wesley Roberts Category: Tech 2009-02-16 16:15:02 disapprove::Edit::Delete 481 views
Facebook's new terms of service (TOS) now includes verbiage that states the company can do with your data as they deem fit. This means any data that you upload to them, including photo's and pictures, can be used by Facebook how they wish. Why don't I close my account? You ask. Well, new verbiage also states they own your data forever including after your account has been shutdown as your content will never expire now according to the TOS.
"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 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." the TOS states on Facebook.
The portion of the TOS that deems content their own once you have terminated your account states:
"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."
The important section now missing from the TOS, is the part that states "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."
Now the questions up in the air are, what if you were an existing Facebook member are you legally bound to the new TOS? Is there a way to opt-out of the new TOS and have your account closed under the previous TOS?
Facebook? Are you still human?