40 million dollars can buy you the best lawyers and Facebook has got them.
Their term agreement is air tight.
“By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. 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.”
If NY State requires consent to use someone’s image, Facebook has got it.
Andrew Cuomo can try to go after Facebook all he wants, all Facebook’s attorneys have to do is show them the term of use agreement where users agree that once they sign up for the service they are giving their permission to use their image and any content they upload to the site for anything Facebook’s heart desire. That includes advertising.
And they can’t sue the advertisers either. The term of use took care of that. I love lawyers.
Mark is not stupid. He has every user by the balls. Even when you close your Facebook account, he’s still owns you. Yep the term of use also states that they get to keep your info on some server somewhere. What they do with it i don’t know. But I am sure “social graph” is involved somehow.
The NYT tech moderator requested that i changed certain things because of vulgarities so the comment can be reposted. I agreed that "balls" was not so great a word and I changed "Mark is not stupid. He has every user by the balls" to "Mark is not stupid. He owns every user." That did not do the trick. The comment was not reposted. I am guessing that I missed something but I can't tell what.
Anyone reading this who can spot something else that could be seen as vulgar please post a comment. I can't fix something if I am not sure what it is.
Friday, November 9, 2007
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