More on Facebook Terms of Service

One thing just occurred to me. People are all up in arms about their content being used for advertising, etc. What if instead of that, Facebook started a new service: background checks for employers! Just think: all those pics of you at the party, snarky posts about your boss, that status message where you complained about the bad pot you were sold, all up there for your employer to buy from Facebook.

Thoughts on Facebook’s new TOS

There was quite an uproar over Facebook’s recently released terms of service. Particularly:

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

In other words, they get the rights to any content (notes, photos, status messages, videos, etc) that you post, and retain that right even if they leave the service or delete the content.

I’m going back and forth on this and I think I’ve come to a few conclusions:

First off: When I post something publicly on the web anywhere I’ve posted it for good. It is like shouting on a streetcorner. People may film me, quote me later, or publish my words in a book. The fact is, it’s out there. Permanently just like anything else I do in the world. I adjust my behaviour and wardrobe accordingly. In other words, I am selective about what I post depending on the venue. The same is true for me online. The only difference is that there’s an added level of permanence to it. To go back to my analogy, posting on Facebook guarantees that what I say and do will be remembered forever.

I also noticed another comparison, and this one goes beyond just facebook. People are panicking about this TOS the way many musicians, artists, and the organizations that represent them (RIAA, for example) are panicking about P2P and copyright issues. While some council musicians “Don’t worry, it will generate interest and really, look towards making money from your live appearances” now that FB is raising flags people are all concerned about their personal content being pirated (so to speak) and possibly used by Facebook (for example, using your family photos in an ad). If you’re worried about your personal content being used for commercial purposes, quit worrying. It’s already the case in the real world. if you go to a concert, for example, your cheering face could be photographed and placed on the cover for the band’s next live album.

And though I don’t think it isn’t an issue so much on facebook, if you’re worried about your business related content (articles, etc) being pirated online, you should just quit worrying. It’s your public appearances that make the money, right? I say that only half-jokingly. I create tons of documents for a living. Now for a second let me make the assumption that there are not confidentiality agreements forbidding me to post these. If I were to post, say, a test plan for an ERP system online as an example of my work online, yes there definitely is a concern that my competitors could download and use it. But here’s the thing. Like the musicians, there’s a big difference between a simple document and the consultation I give in person. Yes, my competitor could put their name on it and win more “live appearances” but in that case I think I would have to rely on my own social networks to vouch for me. Given the big role that repeat business plays in my industry I don’t think this is an unrealistic assumption.

I think this is just another way, this time on a personal level, in which the world is being forced to revisit the idea of ownership of content. And the conclusion I’m coming to is *everyone* is just a bit too attached to the idea of “My stuff!” online, and are harbouring unreasonable expectations of its security. I don’t expect my bike to be outside the store if I don’t lock it up before I go in. Why should I expect my content to be safe anywhere online – Facebook or otherwise.

Finally, and this is the point everyone seems to be missing regarding Facebook. They’re a business, they’ve outlined their terms of service and have been clear about it. Nobody is forcing anyone to be there and people can leave at any time. If a restaurant posted a sign one day that said: “By entering this restaurant you consent to giving up the contents of your wallet.” outside the door, people would not be outraged, they just would stop going. Alternately, if the food were really good then folks would be careful what they put in their wallet before entering. It’s that easy.

25 things.

This has been going around facebook but I have really enjoyed reading the responses there and wanted to go beyond Facebook. I generally don’t tag folks but would love to read what your 25 things are should you be inspired to write them after this. Leave a note in the comments.

1) While I am carfree now, I have a love/hate relationship with cars. I really enjoy long road trips and were I not conscious of my fuel consumption, my taste in cars (when I rent them) would lean towards the gas guzzlers (though I still end up with the smallest I can find).

2) While I am likely one of the most left-leaning, civil libertarians you know, I wasn’t always this way. My dad was a US Army recruiter and were I to have not been surrounded by good friends and teachers would likely be a very conservative person today.

3) I consider myself an agnostic, and may often come across as anti-religion. But really I feel I’m anti-fundamentalism (of any ideology). People have done great things in the name of religion and people have done some incredibly heinous things. The same can be said for people without religion.

4) I grew up in the country but I feel much more at home in the city.

5) After my son was born I lived for two years in a yurt with no electricity or running water. It was one of the best moves I could’ve made and I wouldn’t change it if I could go back. That said, I don’t think I’d ever want to go back to that life.

6) Though I didn’t study any modern languages in school, I’ve studied French recently. My French is not particularly good but after 6 months in Quebec City I can get by fairly well.

7) In school I was always appalled by the amount spent on athletics versus academics. I never understood the value of athletics as I was never particularly active. After starting to cycle daily a couple years ago I realize that it is sports I don’t like, not activity. I find physical activity more transforming to my body and mind as any pharmaceutical product could dream of being.

In high school I followed nearly every rule religiously and conformed in every way I could both in and out of school. Now I’m less inclined to do so. I still conform at work but after work not so much.

9) I haven’t spoken to any family member other than my brother in 17 years. I like it that way and think it has done me a world of good.

10) I always considered myself an introvert. I’m very quiet with new people and people I don’t know well.

11) Recently I am becoming of the opinion that I’m an extrovert who isn’t particularly good at meeting people. Once I do meet people and get past the painful ’small talk’ phase I don’t shut up.

12) I love to cook and eat food from all over the world. Toronto’s been great for this habit as it is one of the most culturally diverse cities in the world. It isn’t hard to find restaurants or grocery stores here to further this habit.

13) I am hopelessly addicted to caffeine, however I tend to give it up completely for weeks at a time once or twice a year.

14) Lately I’ve been reading more and more about Anarchism. It’s an intriguing idea with lots of good components (Critical Mass, Food not Bombs, Anarchist Free University) but can’t get past the whole destructive side. Why can’t we just abandon the current system peacefully?

15) I am becoming more and more rabidly anti-capitalist. I see no future in a system that demands unnecessary mass consumption to feed itself. There are physical limits and we’re already beginning to hit a few of them. The potential for social injustice in capitalism is also very disturbing. Seems like modern-day feudalism to me. Lords and Vassals in the west, serfs in the developing world.

16) We left the US during the Bush administration and have lived in Toronto now for five years. People wonder if we’re going to move back now that Obama won. The answer is no. We have too many connections here to leave behind. Not to mention the fact that the country is still filled with conservatives,and nationalists. McCain’s voters didn’t just go crawl under a rock, after all…

17) One of the things that I find most rewarding is making connections between people and ideas. Helping interesting people find other interesting people, ideas, and resources. That’s why I tend to post tons of links. I think “cross-pollenation” of ideas is one of the most important things we can do as human beings.

18) I love to travel but vastly prefer being sent somewhere for business for a longer term stay than traveling there for a week or two. Living in Quebec City for six months was *very* different than a week-long visit. Nearly two years in New Mexico revealed to me a very different place than I would’ve picked up on a vacation. I hope someday to get similar opportunities in Europe and Asia.

19) My taste in food leans to the extreme end of the spiciness scale. I think I’m as addicted to endorphins as I am to caffeine.

20) I graduated from High School at age 16 and at one point lobbied to be allowed to graduate at 15 as I was pretty bored with what was being offered in school and felt there were more interesting opportunities elsewhere. Teachers advised against it. They were right. I think even at 16 I was way too young for university. Looking back, I probably could’ve taken a year off and done some interesting independent study. If only I’d had the Teenage Liberation Handbook then.

21) While I tend to be against compulsory schooling for all and lean towards unschooling when it comes to my son, school worked pretty well for me all things considered. I worked pretty well with the learning style there (and was lucky enough to have several teachers who just let me do independent studies -> unschooling!). It also got me out of a house that at times could be pretty messed up at times. That said, I don’t think school is for everyone. I really like Matt Hern’s idea of fewer schools and more all-ages learning centres. To naysayers that think there’ll be no attendance, he uses a library analogy. If you made library attendance and reading compulsory all would go but not all would enjoy it or benefit from it. But even though libraries are not compulsory people go all the time.

22) While I feel most comfortable with short hair and no facial hair, while I lived at the yurt I looked a lot different – with long hair and a beard.

For a while I looked a *lot* different*

23) I’ve always been interested in intentional communities and ecovillages. We came very close on a couple of occasions to actually living in one but never have. I’m very curious about some of the urban communities I see starting. I don’t think I could live way out in the country again, though. Too much isolation…

24) In 1992 we joked that “If the Republicans get any worse we’re moving to Canada…” not really ever expecting that in 2004 we’d move here. Lately we’ve been making similar jokes about the Conservatives with an eye on the EU.

25) I am embarrassed to admit that there are four degrees of separation between me and George W Bush. (Former colleague -> Defense Minister Peter MacKay -> Stephen Harper -> GWB) That means all of you are only five away. Just sharing the misery. (Note: after posting this a friend noted that she was *one* degree of separation from GWB which dropped my number down to two. Ugh!)