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Facebook Reverts ToS Change After User Uproar

rarel writes "CNN and other media outlets report that Facebook reverted their TOS update and went back to using the previous one. 'The site posted a brief message on users' home pages that said it was returning to its previous "Terms of Use" policy "while we resolve the issues that people have raised."' Facebook's controversial changes to its Terms of Service, previously commented on Slashdot, included a mention that (users) 'may remove (their) User Content from the Site at any time. ... However, (they) acknowledge that the Company may retain archived copies of (their) User Content,' triggering a massive uproar from users and privacy groups."

24 of 260 comments (clear)

  1. huhu by softwave · · Score: 5, Funny

    I'll just stick to Friendface, thank you very much!

    1. Re:huhu by Mascot · · Score: 4, Insightful

      If you want to maintain privacy, keep your life private. That's not rocket science. If you put anything personal online on public sites, obviously people are going to *gasp* know personal things about you. It's no different than standing on a street corner yelling about your sex life. If you don't want people to know, don't fucking tell them.

      I fail to see how this really relates to the issue at hand though. None of what you say would be any better protected with the old TOS than this new one. What you're talking about occurs when you put stuff on your page, not when you delete it. True, the new TOS is bollocks in that Facebook claims to retain rights even if you delete content, but the damage you are talking about already occurred so I don't get your point.

    2. Re:huhu by mdwh2 · · Score: 5, Insightful

      So telling anyone anything is equivalent to yelling about it on a public street? I don't think so.

      I hope you don't use email - after all, if that information goes through a company's servers, it's fair game for them to do what they like with it, as you might as well have published it on the front page of the news right?

      (If you're going to say that email isn't a "public site", well, neither is facebook - access to information can be restricted to only certain people, just like with email.)

    3. Re:huhu by MrNaz · · Score: 5, Informative

      That's just the point. Facebook's TOS would have allowed them to take your previously private email-like data and published it wherever they felt would be profitable.

      --
      I hate printers.
    4. Re:huhu by Jason+Levine · · Score: 4, Informative

      There were two other points to their TOS change, besides the "rights continue past the closing of the account" that got people riled up:

      1. Facebook could sell your uploaded content (including writings, photos, etc) to third parties.
      2. Facebook didn't notify users of the TOS change. Instead, you "accepted" the change by continuing to use the service even if you didn't know that the terms had changed.

      Combine this with Facebook shutting down accounts for certain actions (like posting breastfeeding photos) and you could get the following situation:

      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? Or the company that chooses and pays the arbitrator? (If you answered that you would win, I've got a bridge to sell you.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  2. Oh, I'm sure that this will last. by fuzzyfuzzyfungus · · Score: 4, Insightful

    Unless team facebook is a bunch of utter morons, they knew that changing the TOS was likely to cause a stir(and, even if it didn't, it would cost a few lawyer hours). So, clearly, they had some reason for wanting to make the change. I'm guessing that that reason, whatever it is, didn't just vanish.

    They'll probably just wait for the fuss to die down, reword it a bit, and try again. Outrage fatigue sets in quickly, as do acceptance, rationalization, and even embrace of the status quo.

    1. Re:Oh, I'm sure that this will last. by Firethorn · · Score: 5, Insightful

      Never underestimate the ignorance of many lawyer types. That's why you often get TOS and such that are so bad - lawyers, not having to fight against the other side's lawyers, tend to write things in their own favor, using simple, broad, ultimately overreaching terms. Still in legalize, of course, so you need a lawyer to understand the suckers.

      --
      I don't read AC A human right
    2. Re:Oh, I'm sure that this will last. by nettdata · · Score: 5, Interesting

      Never underestimate the ignorance of many lawyer types.

      Or their ability to find BS stuff to do in order to validate their existence.

      I won't even tell you about the lawyers I've had to battle (in 2 different corporations) because they wanted a complete list of all of the Open Source libraries and associated copyrights, BEFORE we even started the project.

      They'd heard all about this "Open Source" thing and how evil it could be, after all, and wanted to protect the company.

      They wouldn't green light the project until we provided that list, and yet we didn't even really know what we were building for them, never mind what we were using.

      The nice thing, though, was that we picked every POSSIBLE library that we could find and submitted them and their copyrights for their analysis/aproval.

      We had 4 developers spend an entire week doing that. At the client's expense.

      The end result was that the lawyer eventually backed down on their request, but not until after we outlined all of the expenses incurred as a result of their initial request.

      The owner of that company canned the lawyer shortly after that.

      But that was still a solid week of wasted time that I'll never get back.

      --



      $0.02 (CDN)
    3. Re:Oh, I'm sure that this will last. by furby076 · · Score: 5, Insightful

      I won't even tell you about the lawyers I've had to battle (in 2 different corporations) because they wanted a complete list of all of the Open Source libraries and associated copyrights, BEFORE we even started the project.

      The nice thing, though, was that we picked every POSSIBLE library that we could find and submitted them and their copyrights for their analysis/aproval.

      So wait, you are saying that a lawyer, who is not technically savvy, wanted information to help ensure the company was protected (maybe from a TOS that says something "use of this OSS for personal use is OK but for business use requires you to ....."). And he wanted this information BEFORE you started installing/using the software? Gee, I wonder why a lawyer would want to read a contract before someone, who is not a lawyer, agreed to use the product and thusly enter the company into the contract. So then you guys go overboard, because you act like this lawyer is evil; and according to you this is why the lawyer gets fired. So far the only thing I have read is: "blah blah blah....we are jerks...blah blah blah"

      Not all lawyers are evil...I would wager the amount of evil lawyers to good lawyers is about the same ratio as the amount of evil programmers to good programmers - actually probably less since lawyers could be disbarred if they get caught breaking the law. He was doing his job - protecting the company. You may think you know everything about OSS TOS, though I doubt you have read every single TOS out there for all the software that you use, but you are no lawyer.

      Next time try and be a team player. If I ever ran into a person like you and was in a position to give them a job it would never happen. I would rather give the job to someone who appreciates and believes in using the best product for the job (be it closed source or open source) and would help the legal team go through the TOS (and to let them know the information they REALLY need) to make sure the company does not get put into a detrimental contract.

      --

      I do not support "The Man". I also do not support your irrational stupidity
    4. Re:Oh, I'm sure that this will last. by Anonymous+Conrad · · Score: 4, Interesting

      So, clearly, they had some reason for wanting to make the change. I'm guessing that that reason, whatever it is, didn't just vanish.

      The previous blog entry explains the reason: when you post your data it spills over to your friends accounts via inboxes etc. When you delete your account they don't want to have to hunt around all of your friends' and ex-friends' accounts to clean up all of that data, and they don't want to get in a legal mess by not cleaning it up.

      I'm not sure I buy that completely: unless I use Facebook's messaging to send my email address say to a friend then it will only ever be stored against my record and deleting my record should clean it all up. And deleting all messages I created, and all notifications generated by my account should clean up the rest.

    5. Re:Oh, I'm sure that this will last. by bwalling · · Score: 4, Insightful

      The nice thing, though, was that we picked every POSSIBLE library that we could find and submitted them and their copyrights for their analysis/aproval. We had 4 developers spend an entire week doing that. At the client's expense.

      So, you knowingly and deliberately inflated your billing to your client by doing unnecessary work due entirely to your own conceit? You owe your client a refund.

    6. Re:Oh, I'm sure that this will last. by pcgabe · · Score: 4, Informative

      You got a bad lawyer fired. That was a week well spent.

      --
      Don't put advice in your sig.
  3. "Remember Facebook" by NewYorkCountryLawyer · · Score: 5, Insightful

    An important precedent has been set. The uproar created by the community, including some people cancelling their Facebook memberships, caused the Terms of Service to be reverted. We must remember this. It should be a rallying cry: "Remember Facebook".

    --
    Ray Beckerman +5 Insightful
    1. Re:"Remember Facebook" by R2.0 · · Score: 5, Funny

      the scary thing is, I can't tell whether to mod this Insightful or Funny.

      Well played, sir!

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:"Remember Facebook" by HexOxide · · Score: 5, Insightful

      Would such a clause actually hold up in court? I just can't see how it possibly would, it's purely "You're damned if you do you're damned if you don't.

      In this case, if you simply left, they kept all your content, if you wanted to delete your account, you need to log in to do so, thus accepting the new TOS, allowing them to keep all your content, I thought one of the conditions for a binding contract was that is was under no duress, and this clause appear to be inescapable.

      --
      Can I leave this box empty?
  4. This is the Internet's version of New Coke by R2.0 · · Score: 5, Funny

    Or boiling the frog. They tried ti implement a controversial change all at once, and it caused a kerfuffle. Now they will ease it in slowly.

    I have the feeling that Zuckerberg's girlfriend wasn't real happy when he tried to introduce her to anal sex.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:This is the Internet's version of New Coke by Farmer+Tim · · Score: 4, Funny

      I have the feeling that Zuckerberg's girlfriend wasn't real happy when he tried to introduce her to anal sex.

      "Honey, are the lawyers really necessary?"

      "I want to be sure we're doing it right, so I called in the experts".

      --
      Blank until /. makes another boneheaded UI decision.
  5. Re:As if the terms weren't draconian enough... by superskippy · · Score: 4, Insightful

    I suspect that keeping your content indefinitely is what already happens, and they were merely trying to update the TOS to reflect reality. And besides, if you delete stuff from there, how are you ever going to know if all the copies have gone from their computers? And are you expecting them to go through all of their old backup tapes and delete your data?

    It's also important to remember that Facebook is a hugely popular website that makes no money whatsoever. Their basic business model is to sell your privacy and give you in return the website. They haven't worked out how to do it yet, so you can expect more stuff you don't like from Facebook at some point in the future.

  6. Re:National attention by JayPee · · Score: 5, Funny

    You probably couldn't find the video because it violated the terms of use.

    Heyooooooooo

  7. Creative works by _LORAX_ · · Score: 4, Informative

    I didn't have a problem with them retaining phone book information, wall posts, ... my beef was with creative works uploaded. Their land grab on rights in perpetuity was insanity. They could use any image I had uploaded for any purpose including commercial and advertising without any compensation whatsoever. They could sell rights to their image database to publishers, the AP, and others without regard for privacy or payment to me.

  8. No one seems to get this... by Zakabog · · Score: 5, Insightful

    I posted this last time, it seems that no one seems to understand that their ToS change is quite standard.

    With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("SourceForge Public Content"), the submitting user retains ownership of such SourceForge Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by SourceForge. In each such case, the submitting user grants SourceForge the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed , all subject to the terms of any applicable license.

    Why the knee jerk reaction to facebook having the same policies as slashdot? If you delete your slashdot account, what do you think happens to all of your archived comments?

  9. Re:humanity makes no sense. by GMFTatsujin · · Score: 5, Insightful

    Think for a moment about the institution you're talking about: something deep-rooted for centuries, penetrating every aspect of western life.

    Now think about Facebook. Not even a decade old, and easily replaced.

    Which do you think is easier to change with less uproar? Don't magnify the response on Facebook out of proportions: you don't see congressional hearings, massive politicizing, years of debate, marches in front of mansions, and constant media coverage on this admittedly very minor issue.

    In other words, the uproar over the banking industry IS THERE. The uproar over the housing crisis IS THERE. The uproar over the fundamentals of the American economy IS THERE. You're not addressing the sheeple you imagine.

    You're grandstanding, and it shows, and it doesn't become you.

  10. Re:How good was the original ToS? by Overzeetop · · Score: 4, Informative

    It was simple - they took the right to reproduce anything you posted - writing, photos, etc. It was non-exclusive. The key was that if you deleted something or left Facebook, those rights were terminated.

    The change was that you could not terminate those rights by leaving; they were indefinite. The lawyer-speak used was not clear that the allowed use of your content on facebook was exclusively limited to facebook. Now, that's not a huge deal if you can terminate those rights should they attempt to abuse them. That's a big stick held by the content creator, even in light of the all-encompassing rights they took in order to operate their business (and, technically they needed nearly all those rights to generate the facebook pages without running afoul of copyright law).

    By removing the revocation provision, they basically granted themselves perpetual rights to everything. That's a major change. The original TOS had some real safeguards in it, and I read them quite thoroughly when I signed up. This was, dare I say it, the lynchpin of those safeguards - a last, final way to undo what you had done.

    Facebook has real copyright issues with the content they manage, and they don't want to set themselves up for a legal collapse. This change would have made the legal side very, very clean for them. And very unbalanced against members.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  11. Re:Big deal about nothing? by drinkypoo · · Score: 5, Informative

    So, Facebook changes its TOS to be clear that it might still have backups of your data around for a while, and people get MAD?!

    You're wrong, and stupid too. The TOS said that not only could they keep backups of your data around, but that they could use them for any purpose. They also granted themselves the right to use your image, likeness, and other materials for any purpose. Ostensibly this is for the purpose of advertising facebook. But what you are missing is that facebook is a corporation and corporations never die. When facebook dies it gets bought by someone else who gets all that personal info, and the right to use it for any purpose. 30 years down the road when no one gives one tenth of one shit about facebook, all that personal info could still be used for any purpose including advertising gay porn. (Which mind you, is okay stuff if you want it, but probably not something that most FB users want their picture on. Or in! They have the legal right to filmgimp your face onto a pornstar!

    This is not much ado about nothing. If this was only about backups they would only need the right to retain your information indefinitely, and maybe make copies of it. They don't need the right to use that media for any purpose, period the end. They CERTAINLY don't need the right to use your likeness for ANY purpose.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"