actually,
that's exactly what they're saying.
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Sir Sand GOBLIN ^popular page dis, Wed 18 Feb 2009, 0:21,
Reply)
It'll be interesting to see this tested in court.
Most likely it'll be a case of make-a-fuss-and-we'll-stop-using-it-otherwise-we-don't-care. Which is the way of the world now, innit?
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Zuowan, Wed 18 Feb 2009, 0:28,
Reply)
they're not saying it's theirs,
they're saying they're free to use it.
In bontempi's example, if there was a legal contention over the ownership of the work, then facebook's TOS would cover their asses, and the person doing the upload would be in the shit. The original creator of the work would have complete ownership still, and if any royalties were in dispute, it would fall on the uploader to settle them.
These kind of "ownership" TOS's are commonplace all over the web, but because facebook is so popular, and because they did it on the quiet, there's uproar from the various "the sky is falling" blogs and news outlets.
If you really want to be pissed - consider that almost all work related contracts in the design, media, IT, research, and several other fields will say any work you create on work time/resources is 100% the company's property. Imagine how many b3ta pics have been made on work computers, yet we jump down the throats of Zoo/Nuts etc as soon as some bell-end from the smelly public emails it to them.
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Damocles wants no part of your debauchery, Wed 18 Feb 2009, 0:32,
Reply)
To be fair your workplace don't use these things for profit.
On top of that they are paying you. Albeit probably for something else.
It's a fair point though.
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Zuowan, Wed 18 Feb 2009, 0:35,
Reply)
you'll be surprised how often
someone loses out on a shedload of cash because they made all or part of something on work time (which includes breaks, overtime, and simply being on the premises) and then that company discovers it, nabs it, and sells it.
The worst cases are when the creator has been making tons of money, then the company discovers they own the work, and demand the employee cough up every penny they made so far. Then fire them for using work resources for non-work stuff.
Copyright/IP laws are a bitch if you don't watch your actions carefully. They can really fuck you over
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Damocles wants no part of your debauchery, Wed 18 Feb 2009, 0:40,
Reply)
my old work contract
had a stipulation that and "concept, idea or creation" i had "during work hours" was theirs. IDEA?!! hmm i'm having a slash and i think of a genius end to world poverty? Theirs.
i fought good and hard against that one.
(, Wed 18 Feb 2009, 10:32, Reply)
Actually here's a breakdown of Facebook's new TOS against numerous others like Myspace, Flickr & Youtube. Facebook comes out worse off on multiple counts: amandafrench.net/2009/02/16/facebook-terms-of-service-compared/
(, Wed 18 Feb 2009, 0:37, Reply)
yeah but if you read through
those examples, you'll see they're all basically the same. They all get unlimited license to use your content. The only difference is that FB's wording is fecking awful, and clearly written by a lawyer who doesn't understand the softly, softly approach.
Because those other companies explicitly spell out that you retain copyright (which you also do with FBs new TOS), everyone thinks they're being dead nice about it. In reality, they're doing what they think they can get away with legally, and covering their own asses in the process. They're just smart enough to play the words around until it sounds like the user is the one getting the good deal.
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Damocles wants no part of your debauchery, Wed 18 Feb 2009, 0:48,
Reply)