Thursday, February 26, 2009

Two Face

I was asked by a friend to read the new terms and conditions of Facebook. To my surprise, the social network stipulates that all users agree to “share” ownership of any material/content uploaded to their system. In other words, even if the user retains ownership, Facebook becomes a co-owner as long as they have a copy of the content within their files. This is quite a radical setup wherein users are required to relinquish ownership rights over content they upload (i.e. pictures).

Hence, the policy problem revolves around the issue of whether or not the unreasonableness of the copyright sharing clause of the contract. Facebook would argue that if a person disagrees, he/she should simply not sign up for the service. On the other hand, existing users are prejudiced since they had not agreed to the clause when they first signed up. Are these users still bound by the new condition?

Honestly, there is no viable solution in the near future. The safest strategy for the users is to probably lessen their uploads in order to ensure that their materials are not shared. Until there is a proper determination regarding the legality of the clause, users are at the mercy of Facebook.

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