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Posts Tagged ‘law

Facebook Already Owns Us

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Today, variations of the following are all over my Facebook news feed:

In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention).
For commercial use of the above my written consent is needed at all times!

(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place

 them under protection of copyright laws. By the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook’s direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).

Facebook is now an open capital entity. All members are recommended to publish a notice like this, or if you prefer, you may copy and paste this version.

Thanks for everyones support.

Posting this is as ignorant as not reading the Facebook terms themselves (which I’ll admit I didn’t do when I signed up). It’s almost entirely bullshit. Here’s what I found with just a bit of Googling.

First, you agreed to this when you signed up for Facebook (or when you stayed on after they changed it):

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

Second, there is no Berner Convention. Maybe you meant the Berne Convention, which requires countries to recognize the copyright of people under the laws of their own country. Not sure how that applies here, since you are using Facebook under the terms quoted above.

Third, “UCC 1 1-308-308 1-103” is meaningless. A Google search brings up the Uniform Commercial Code, which does have sections 1-308 and 1-103. I’ll admit I’m not sure what the legal language in that document is getting at, so perhaps it’s all there. But it’s sloppy.

Fourth, from Wikipedia:

Under the Rome Statute, the ICC can only investigate and prosecute the core international crimes (genocide, crimes against humanity, war crimes and the crime of aggression) in situations where states are unable or unwilling to do so themselves.

So that doesn’t help. Not that you need help, seeing as how you already agreed to let Facebook use your IP.

I won’t even go into the punctuation errors.

In conclusion, if you want to own your data completely, quit. Facebook. Now. Even if something like what people are posting could help, they already have your data and an army of lawyers to help them keep it.

Written by xaqrox

November 26, 2012 at 10:28 am

Posted in Uncategorized

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