Current Facebook Terms/Issues with

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Jeremy
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Post by Jeremy »

Good to get back on to the actual topic - good job Allan.

I definitely concede your last point about me being naive in regards to what my personal information gets used for, although perhaps "apathetic" would be an even better description :P But I do definitely have some, perhaps unwarranted, faith that the people running websites like facebook would not screw over us, the users. The only reason those websites make money is because so many people use them. If they fuck us then we'll stop using them and they'll lose all their money. Of course it's entirely possible that all the apathetic people like myself wouldn't care enough to leave and they could get away with a lot more than they should.

But I guess the other issue is that it's their website and they didn't force anybody to put up any information or even join. They're not running some kind of social service, they're running a business. If Facebook has true value for society then it's really up to governments to create a similar social service - it's not the job or responsibility of Facebook to do that.

Of course I agree that changing the terms and services was not a very ethical move, and perhaps some kind of amnesty allowing for people to remove their profiles or any information before the new terms and services come in would be a good idea.


I may be naive about what Facebook could use my information for, but I also work as a data analyst and I have access to hundreds of thousands of records of personal information, including credit card numbers, some private correspondence, information about wills, and all kinds of other things I probably shouldn't even mention. I'm willing to bet that what facebook use their information for is the same as what I do with the information I have - analyse it and look for trends etc. Looking specifically at one record is a waste of time. Nobody cares about single people are doing. The fact that we have the names of people is really only so we can sound more personable in communications. We use our data for marketing and for developing large marketing strategies. Facebook could do all kinds of things with their data, but they're not going to. I might be naive, but I think you're a little paranoid, or at least overly cautious.


I agree that intellectual property rights, freedom of speech and corporate and media manipulation are some of the most serious issues facing the world at the moment, especially the Western world. At the same time, as I said before, I don't think Facebook is a legitimate tool for society to communicate with. Yes I use it to communicate with all the time, but I also understand that if it were permanently completely shut down tomorrow that would be completely within the rights of Facebook and they are a business, not a social service. This is actually one of my serious concerns with modified being hosted with Modevia as well - if things go badly for them they're well within their rights to just get rid of us and all our information. When you consider the consequences of that happening, it seems like people are worrying about the wrong things entirely when ever moving modified to .org is suggested. Worst case staying with Modevia - we lose the entire forum and everything on it. Worst case moving to .org. We can't edit posts, people have disagreements with Steve and there would be a greater number of noobs. Like with the financial crisis, we should be looking at what could happen, not what are the chances of it happening. Sorry, I got a little sidetracked.
Allan wrote:I, I, I. You may not care what they do with your info, but I sure as hell do. I have rights. And I would thank you not to dismiss them so easily.
For sure. I'm not saying that because I don't care, facebook should be able to treat everybody as if they feel how I do, although it appears that people thought they had more rights than they actually do. In any event I was expressing my opinion and how I feel, and not attempting to speak for other people, as I assumed you can speak for yourself, and you can :).



Perhaps what this really shows, and I am sure this will be an unpopular suggestion, is the vital need for serious regulation and government oversight of the internet. Even if Facebook really can be trusted in this situation, it's probably inevitable that eventually a corporation will come along that does exploit users in an unethical manner to the extent that Allan is worried will occur with facebook. While certainly the laws of nations apply to the internet just as much as the rest of the world, it's a lot harder to police and things are very self regulated at the moment. While this is largely been ok in the past, the last decade has seen the internet become the primary source of information and communication in the world and I think giving up the freedom of the internet for stability and safety may be a very smart move in the long run. Of course if we did follow that move we'd never know if it were successful because we wouldn't know what happened if we don't. It also means we need to elect governments that we trust and hold our governments to account when they lose our trust. Australia and the US have been very bad at this in recent years.


I appreciate the link you posted and will read through as much of the site as I can. I definitely do see the relevance.


Finally a quick mention of finance :P ;
Allan wrote:Money is not the root of all evil. I don't know what is, but it's not money. Money is good. People use it for evil things. Abstracting money away as the root of it all is an easy excuse to let human behavior off the hook. "Money made me do it."
I don't even know what evil is any more. While I'm a strong believer in personal responsibility, I think most actions I call evil can be understood in a completely rational manner. For example take honour killings. Even though it's one of the most disturbing things you'll ever see, I think watching one of the videos from Afghanistan of a 16 year old girl getting stoned to death for being seen with a person of another religion is something everybody should see. I view those kinds of actions as the most intolerable things occurring in our world and an epitome of the conventional definition of evil. Yet I can also understand that the people carrying out this behaviour are doing so because of the environment they were brought up in and they're sure they're doing a good thing. Although they are wrong in their behaviour, it is understandable and punishing them for it, except in order to promote the prevention of such actions, is like punishing a 3 year old for having bad table manners.

That film pretty much sums it up for me. Current laws create people out of corporations; people with all the inherent rights, and NONE of the responsibilities. Limited liability allows people to literally get away with murder, and corporations owning other corporations essentially amounts to slavery. Corporations being legally bound to seek out bottom-line profits without consideration to anything: now THAT is certainly evil.
Yep, I see the solution as much greater government regulation and interference. Self regulation = no regulation. Democratic governments are accountable to the people, and that keeps them under control much better than anything else. Even in places like the US and Australia under our previous leaders, and Canada now under that fucking Harper Nazi (excuse my exaggeration, but I'm not a fan :P), we still had much more accountable and transparent governments than many corporations, especially the international operations of many corporations operating in our countries, and we certainly still had much more accountable and transparent governments than all non-democratic governments. That doesn't mean we shouldn't demand a lot more from our governments, but also that trusting them is much better than trusting corporations to behave ethically. Although most can probably be trusted, we shouldn't even give them a choice. Look at things like the melanine scandal. Even if that only happens with one company once a decade, it's a high price to pay for so much self regulation. Government regulation certainly has it's own concerns, but I think history shows the consequences are almost incomparable with the consequences of more individual regulation.
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Jeremy
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Post by Jeremy »

Tsiangkun wrote:As an example of what could happen :

1. User logs in, is unaware that the TOS has changed.
2. User uploads photo to Facebook.
3. Facebook deems photo inappropriate, closes down account.
4. Facebook takes content from the closed account (remember, they own rights to it past account closure) and sell it to an ad agency without the user's approval or notification and without the user/copyright holder being compensated.

Don't like it?

Well, you can't take them to court because the TOS binds you to mandatory arbitration and who do you think is going to win that?

You?

I'd put my money on the company that chooses and pays the arbitrator !
Quoted mainly because it was the last post of the previous page :P

I guess my question would be how likely that is that to actually happen though? I mean people have all kinds of power and most of them, contrary to popular belief, don't abuse it.

I could print out the CC details of all the people in our database, buy a one way trip to Barbados and live like a king for the rest of my life.

Our governments have the power to easily turn our countries into monarchies, theocracies or dictatorships. The last Australian government could have easily done this, yet they chose not to.

We should definitely think of the worst case consequences and keep them in mind, as well as the odds of that happening, but we also need to keep a sense of perspective.

What are the actual consequences of your scenario? Somebody loses their facebook account and has a photo used for advertising without giving any permission or getting any money. How many facebook users does this happen to? How serious a problem is this? Yeah it might suck if it happened to you, but it's not going to happen to most people - especially given the quality of most facebook photos (why can't people turn sideways photos up the right way? They should have their accounts deleted).

Hypotheticals can be useful, but we shouldn't forget that they are hypothetical.
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Tsiangkun
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Post by Tsiangkun »

You don't have the right to reveal CC info. You are not licensed to reveal CC info. You COULD do it, but not legally.

That is the opposite of what we are talking about.

Facebook wants to license all the rights that belong to the content creators, and retain them forever, even against the will of the content creators. Some people believe content creators have rights, and you don't. You are one of them, fine, good for you.


Quoted because it should be at the top of every thread
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example

Ah I love the sky, its so blue..

Jeremy: I disagree, the sky isnt blue, its really the light reflecting off the blah blah blah which makes you percieve that blah blah blah and therefor its not really a color blah blah also sometimes its not blue blah blah and your blanket statement of its so blue is incorrect blah blah blah SHUT THE FUCK UP!

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DUDE WE GET IT ALREADY YOU ARE ALWAYS RIGHT! YOU WIN ALREADY JUST GO AWAY!
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Jeremy
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Post by Jeremy »

That's lame Cameron. Responding with personal attacks is a sign of either a lack of intellectual ability or a weak argument. I thought you were better than that, or perhaps you just don't want to participate in a serious argument.

When I ask questions they are usually actual questions, and not rhetorical statements. I'm certainly making suggestions with my questions, but I still would have liked responses.

I don't buy your hypothetical. I think less than 0.0001% (I did make that number up on the spot, and I'm just using it figuratively to mean "hardly any") of people create or post content on facebook that has any kind of meaningful commercial value.

Clearly legally facebook have no right to take content that is posted on facebook that did not already belong to the person posting it there - so if I upload material that is not mine - such as funny youtube videos facebook would have no rights over that material no matter what their terms and services said.

How much content do you think currently exists on your facebook profile that you think there is any risk Facebook would make money from using without your permission?
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Tsiangkun
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Post by Tsiangkun »

I have zero photos and articles on facebook that I care about. I don't agree with their ToS, nor do I find their ambitions comforting enough to trust them.

I keep my blogs on my blog, and my photos on a different site where I find the ToS acceptable. I use facebook to play mousehunt.

If 0.0001% have works of value, with a population the size of facebooks that is 17,500 people. That is a considerable number, really, and getting larger all the time.
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Allan
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Post by Allan »

Jeremy wrote: I don't buy your hypothetical. I think less than 0.0001% (snip) of people create or post content on facebook that has any kind of meaningful commercial value.
I think this is what trips a lot of people up, actually.

"Commercial Value" is being re-defined on the web. These tools we're using are powerful, and are only going to get more powerful.

In science, we can "overwhelm the problem with more data." (can't attribute that at the moment). In social media, we had a problem where we didn't/don't have enough information. And now we're overwhelming that problem with more data. We're communicating more. A lot more. And with pictures! In the old days, it was easy to decipher value from a particular piece of work. But in an age where we are overwhelmed with content, individual "commercial value" is becoming more and more difficult to quantify. Our data is commercially valuable *in aggregate*. It's not that I'm necessarily worried that Facebook is going to a single photo that I publish and make a million dollars from it. I'm worried about what they're going to do with the massive, aggregate value of all of my photos and all of your photos *combined*. With their TOS as it stands, they've created a *massive* advantage in how that information is interpreted and used.

My student just showed up, so I've got to go now ...

PS I appreciate the intelligent debate, Jeremy. To his detractors: I find your personal attacks distracting. If you must flame Jeremy for his manners, can you maybe do it in private? I stopped participating in these forums regularly because of this sort of atmosphere. It sucks that nothing seems to have changed in 3 years.

Does that little "ignore" icon allow you to view a thread without that persons' posts showing?
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Jeremy
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Post by Jeremy »

Thanks Allan.

I think you are right about the problems with information, communication and data. I guess maybe I need to do some more research into it.

Incidentally this was from the facebook blog, that I found interesting. Perhaps the real difference between our positions is that I tend to trust authority (or at least the facebook authorities) while you are more sceptical.
Mark Zuckerberg wrote:A couple of weeks ago, we updated our terms of use to clarify a few points for our users. A number of people have raised questions about our changes, so I'd like to address those here. I'll also take the opportunity to explain how we think about people's information.

Our philosophy is that people own their information and control who they share it with. When a person shares information on Facebook, they first need to grant Facebook a license to use that information so that we can show it to the other people they've asked us to share it with. Without this license, we couldn't help people share that information.

One of the questions about our new terms of use is whether Facebook can use this information forever. 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.

In reality, we wouldn't share your information in a way you wouldn't want. The trust you place in us as a safe place to share information is the most important part of what makes Facebook work. Our goal is to build great products and to communicate clearly to help people share more information in this trusted environment.

We still have work to do to communicate more clearly about these issues, and our terms are one example of this. Our philosophy that people own their information and control who they share it with has remained constant. A lot of the language in our terms is overly formal and protective of the rights we need to provide this service to you. Over time we will continue to clarify our positions and make the terms simpler.

Still, the interesting thing about this change in our terms is that it highlights the importance of these issues and their complexity. People want full ownership and control of their information so they can turn off access to it at any time. At the same time, people also want to be able to bring the information others have shared with them—like email addresses, phone numbers, photos and so on—to other services and grant those services access to those people's information. These two positions are at odds with each other. There is no system today that enables me to share my email address with you and then simultaneously lets me control who you share it with and also lets you control what services you share it with.

We're at an interesting point in the development of the open online world where these issues are being worked out. It's difficult terrain to navigate and we're going to make some missteps, but as the leading service for sharing information we take these issues and our responsibility to help resolve them very seriously. This is a big focus for us this year, and I'll post some more thoughts on openness and these other issues soon.
http://blog.facebook.com/blog.php?post=54434097130

edit; Re - ignore. Yeah it means you don't have to look at those people's posts ever again. :D
Last edited by Jeremy on 24 Feb 2009 16:47, edited 1 time in total.
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Tsiangkun
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Post by Tsiangkun »

I trust words in the ToS more than words about the intent of the ToS.

In reality he can say whatever needs to be said for damage control, but it doesn't change anything with regards to the terms of service required to use the site. Facebook released legalese that says they have, or desire to have, a non-revokable, never ending, transferable, fully paid global license to user generated content that grants them all the rights of ownership, with none of the liability. People were not happy, and he needed to say something to make people feel better.

Also, consider that companies change who is in charge all the time, and they don't always honor the intentions of the past executives. His words are nice, but meaningless.
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Jeremy
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Post by Jeremy »

Also, consider that companies change who is in charge all the time, and they don't always honor the intentions of the past executives. His words are nice, but meaningless.
But that can happen regardless of anything facebook do or say now. With that attitude there is no way they could assure that in the future under different management they won't use every piece of information and communication you've put on facebook for the most evil and exploitative manner possible.

With your statement in mind, what do you want Facebook to do and how successful would this be in convincing you that under different management in the future they won't reverse the decision?


I think the other thing worth considering is liability and self protection. It's easily understandable that any business would want to put forward as much methods as possible to protect themselves from lawsuits created by an inability to look over massive amounts of data. Look at youtube, myspace and other user input websites that constantly face pressure and legal challenges because of people breaching copyright laws or using the site for illegal material. It is a ridiculous situation where MySpace can get sued for somebody using the website to bully somebody else. How can we expect these websites to constantly monitor all communications and address such behaviour? Given that these companies do get sued over repeatedly over issues that they really cannot control, their only option is to make it clear that they have no liability over individuals use of their service. It's not even clear that this would hold up in court, but what else can they do?
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Post by Tsiangkun »

Basically they need better terms of service that spell out the rights of the user.

Even facebook spokesperson Barry Schnitt has written "The fact that you’ve raised the questions you have is proof that we haven’t done a good job explaining these licenses in the actual language of the document. In fact, as we were working to answer your questions, we realized the new version of the Terms might technically permit some of the hypothetical situations people have offered."

I'd like it fixed so that the ToS technically prohibits these hypothetical situations.
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Jeremy
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Post by Jeremy »

Sure, but why would you accept their new tos but not merely their word that they won't exploit users when future management could change the tos to allow those hypotheticals almost as easily as if they kept the tos as the one people objected to?
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Post by Allan »

Jeremy wrote: With your statement in mind, what do you want Facebook to do and how successful would this be in convincing you that under different management in the future they won't reverse the decision?
All three of these projects together spell out a respectful way to implement social networks. While the protocols may be immature, they are a start in the right direction:

http://dataportability.org
http://creativecommons.org
http://opensocial.org

They need to get on board, and have completely transparent, open protocols, and the TOS need to spell out, explicitly what they can and cannot do with the data.

Most importantly, if they change the TOS in any meaningful way, they need to get everyone to agree to it again. Whatever the terms, they can't change them midstream without telling anyone about it.
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Post by Frank_Sinatra »

New draft TOS are up.

I'm not sure what point 4 regarding fundamental equality of individuals, groups, and advertisers actually means yet.
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