February 17, 2009

ALL YOUR STUFF IS OURS, EVEN IF YOU QUIT

Filed under: Angst

Facebook, this is not good news for photographers. Looks like Flickr’s my baby now.

“The TOS says the following:

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.

It also used to contain another bit that is now missing.

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.

This is also reinforced by the “Termination” section:

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.”

This explains my ’special appearance’ in one of their advertising banner. Way to go, Facebook!

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