Intellectual Property issue on facebook last night

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RPD

Diamond Member
Jul 22, 2009
5,057
565
126
This thread can be summed up with - TH is a fucking moron.
 

lokiju

Lifer
May 29, 2003
18,536
5
0
Ultimately you have to take responsibility for your own choices and cannot force others to conform to your morals and ideals.

This is exactly why I don't post pictures of my son, myself or my wife online.
 

AMDZen

Lifer
Apr 15, 2004
12,639
0
76
Ultimately you have to take responsibility for your own choices and cannot force others to conform to your morals and ideals.

This is exactly why I don't post pictures of my son, myself or my wife online.

Honestly, I even get pissed when my friends post pictures of me on facebook.
 

Dessert Tears

Golden Member
Feb 27, 2005
1,100
0
76
No, Facebook does not transfer the license; they don't need to and there is no reference to this anywhere in their TOS for non-public IP. Facebook is displaying the IP, not the 'other Facebook user.'

In Facebook, Liking or Sharing is re-displaying the original IP - it will link back to the original upload and will be displayed as belonging to the original uploader. Although you are controlling the display of this on your Timeline, you are not physically uploading IP or claiming that it is yours and hence do not need a license. Facebook is using their license to display the IP.
The Public setting suddenly (as compared to the other privacy settings) granting Facebook's expansive license to everyone doesn't make sense to me. Gradually adding licensees as visibility is expanded would be consistent, as would not transferring the license on any setting, including Public.

The "everyone"/Public item was added August 28, 2009, and modified April 22, 2010:
Facebook TOS, August 28, 2009
4. When you publish content or information using the "everyone" setting, it means that everyone, including people off of Facebook, will have access to that information and we may not have control over what they do with it.
Facebook TOS, April 22, 2010
4. When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
I searched for Facebook TOS news stories around those dates, but I found only an EFF blog post about unrelated changes. Compared to the wide and extensive coverage of the February 2009 change rescinded after public outcry, this suggests that the modification, specifically the insertion of "use", was not especially material. I think this is a point against the interpretation that "use" implies transfer of the license.
 

GoSharks

Diamond Member
Nov 29, 1999
3,057
0
76
The Public setting suddenly (as compared to the other privacy settings) granting Facebook's expansive license to everyone doesn't make sense to me. Gradually adding licensees as visibility is expanded would be consistent, as would not transferring the license on any setting, including Public.

The "everyone"/Public item was added August 28, 2009, and modified April 22, 2010:


I searched for Facebook TOS news stories around those dates, but I found only an EFF blog post about unrelated changes. Compared to the wide and extensive coverage of the February 2009 change rescinded after public outcry, this suggests that the modification, specifically the insertion of "use", was not especially material. I think this is a point against the interpretation that "use" implies transfer of the license.
I would disagree because of this:
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
https://www.facebook.com/legal/terms
 

yllus

Elite Member & Lifer
Aug 20, 2000
20,577
432
126
that is what makes this situation so hilarious

some teenage girl liked a few photos and edited/reposted

the likelihood of this action having any affect on texashiker or his family is very small. i mean, come on, this is facebook. and i highly doubt shes gonna make money off it or that texashiker is gonna lose any money. theres so much junk on that site, people will likely forget about the photos in 2-3 days, tops.

they could have said, "lol w/e", gone on their merry way and not been affected inrl. but they turned it into a ragefest which texashiker was kind enough to share with us all

maybe... his wife reads this forum and he is just afraid of her? :hmm:

I've never understood this as well. Who cares if someone reposts a photo of yours on Facebook? If they're not going to make a million dollars as a result of it and in all likelihood about seven people will see it as a result of their repost, what's the big deal? People who worry about this are either complete narcissists, have little else going on in their lives or are legitimately prone to psychopathy.

Seriously, a multi-page thread trying to analyze IP laws for pictures someone took of a baby lying on a couch probably using their iPhone 4S. You'd think we were talking about Google's search engine algorithms or something with actual value.
 
Last edited:

SSSnail

Lifer
Nov 29, 2006
17,461
82
86
I didn't read the entire thread, but, no one gives a shit about your ugly pictures that you choose to publicly display.
 

Dessert Tears

Golden Member
Feb 27, 2005
1,100
0
76
I would disagree because of this:
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
https://www.facebook.com/legal/terms
That was sloppy of me, especially since [post=33704566]you've quoted that definition before[/post]. It seems pretty boilerplate and predates the August 28, 2009 revision.

If it was set as "public," I can see a good argument made for such a transfer.
By "good argument", do you mean one with which you agree? If you agree, would you expand on that argument, why the Public item plus the definition of "use" implies a license transfer? I found a blog post, but the site doesn't seem especially trustworthy.

In the August 28, 2009 revision, the "everyone" item is phrased as a warning, "we may not have control over what they do with it." I find a change from that warning to freely transferring its license to be implausible.

Facebook's license is "to use any IP content that you post on or in connection with Facebook". Even if the license is transferred, it is limited by "on or in connection with Facebook". ("post" is defined: "6. By "post" we mean post on Facebook or otherwise make available by using Facebook.") How would "people off of Facebook" use the IP content on Facebook?
 
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