The founders of Facebook thought they could be able to obtain a perpetual license on the personal data posted on its site but, because of the controversy aroused by the new conditions of use the biggest social network site has decided to flip-flop and return to previous conditions of use. Decryption.
It's obvious, when one runs a social network of over 175 million Internet users, nothing is simple and certainly not the modification of its terms of use because you must respect its users and their rights, especially when you have their personal data, their photos, videos and even their intimate confidences.
The goal was to allow Facebook to keep accounts that were deleted by their users and make them available to Internet friends. For example, a user who shares a photo with his friends no longer has control over the image even when then removes his account.
Hence the idea of a burlesque "perpetual, worldwide license" applies to all content published on Facebook. In short, the shared content (photos, messages, videos ...) will be maintained even if the sender (the owner) unsubscribes. The recipients can then keep them legally. A way for Facebook to shield them from potential lawsuits ...
"Remember that the terms of service, the rules applicable at the site is like a kind of contract that everyone agrees by registering on the site. This is the famous case that one boat ( "I"), without ever really read. "
How can we accept to grant a perpetual license to use? Even with the best will, we can not exclude the fact that Facebook can recover and sell a picture of your baby to a brand of diapers for the promotion of their latest find.
The conditions of use of Facebook are critical as they are extremely broad and vague. Indeed, publishing content to Facebook, you automatically grant a license irrevocable, perpetual, non-exclusive, transferable and worldwide for the use, copying, public performance, public distribution, modification, translation, quotation and distribution of any content, for whatever purpose: commercial, advertising, or otherwise. It is true that such provisions would probably be deemed unfair in the context of litigation.
"This episode reminds the user must be extremely careful with the information they disclose online."
The user must be empowered and learn to protect his privacy. On Facebook, for example, the parameters of privacy can be activated in the menu dedicated from the very inception of his / her profile. Also, note the carelessness of some users, who publish a large number of very personal information without realizing the risks they face. Customers must acquire a culture of protection of personal data so that only the recipients' friends' to view. This unfortunately has shown, in any case, how there is a gap in the establishment of clear legal rules between users and social networking sites. They intended to distribute under certain conditions information that reveal the personality of the Internet without establishing verification of their use. But we must remain vigilant because in the next few weeks, Facebook will have new terms of use.
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