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Free Will AstrologyAlibi's Personals
 
 V.15 No.20 | May 18 - 24, 2006 

Thin Line

Hey, This Isn't "My"Space—Raise your hand if you read the Terms of Agreement before signing up for stuff online.

I said raise your hand.

Hmmm. OK, so aside from the one meticulous and enviable guy in the back, I guess we're all pretty much of the "just scroll down 'til the 'accept' button lights up" variety. These days, many of us are likely doing this with MySpace, the biggest new thing on the Internet. MySpace has turned into a great way to find artists and musicians, whose population on networking sites can be described as "multitudinous."

Here's the rub: There are some funny things in the MySpace Terms of Service, things that reckless Web users such as myself have agreed to without much thought. For instance, MySpace has "a non-exclusive, fully-paid and royalty-free, worldwide license ... to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute" any content you post there.

That's something to chew on, especially for bands that post music for hordes of adoring "friends." But before you rush to the nearest computer to remove your masterworks from the site, know that if MySpace has copies on its servers, it has the rights to those, too. One more thing: “Even after membership is terminated, this agreement will remain in effect.”

It's also important to note that with all those quizzes and surveys floating around, MySpace owner Rupert Murdoch, the same guy who brings us the Fox News Channel, has one hell of a market research tool. That may sound a little conspiracy theorist, but we all know marketers use everything at their disposal to understand their customers so they can sell you T-shirts and bumper stickers carrying the slogans of your generation.

Keep that in the back of your mind the next time you give detailed info on your sex life to the sordid world of MySpace bulletins. Who knows? Maybe you'll spark a new product, such as condoms embossed with the slogans of your generation.

There's also a rather mystifying portion on fees. It's been free so far, but "myspace.com reserves the right to charge for the services and to change its fees from time to time in its discretion." And if they change the terms, you are bound to the new agreement "when you use the services after any such modification is posted." I'm pretty sure this means that just by signing in, you've agreed to the new rules.

The winner for most humorous line in the MySpace Terms of Service: "It is therefore important that you review this agreement regularly to ensure you are updated as to any changes." Right. Because we read them so thoroughly the first time.

The opinions expressed are solely those of the author. E-mail marisa@alibi.com.

Public Comments (3)
  • I'm not so sure...  [ Thu May 25 2006 5:40 PM ]

    About MySpace owning the rights to your material, you quoted “Even after membership is terminated, this agreement will remain in effect.” I don't see this in the MySpace terms. In fact is says "This license will terminate at the time you remove such Content from the Services." Which makes me think that once you delete your content, they no longer have rights to it. I think this whole part of the agreement is for them to protect their own asses for redistributing your stuff all over the world. Because really once you post it, anyone can do anything with it and they can't really control that. Here's the full section...

    ?By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services"

  • MySpace updated their terms  [ Thu Jun 29 2006 3:23 PM ]

    Now they explain the whole license thing a little better...

    "MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.

    Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. The license you grant to MySpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace.com), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services."

  • The quote ...  [ Thu Jul 13 2006 3:27 PM ]

    you say you can't find is this:

    "2. Term. This Agreement shall remain in full force and effect while you use the MySpace Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MySpace.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17."

    5-17 are the sections that had something to say about the rights to your material.

    But I'm really glad they've clarified. As you and others have pointed out, with so many users, it's really hard for them to monitor things that are in this agreement. Still, I think it's important that people check in on the terms from time to time. And, always, it's vital that we remember that no matter how ubiquitous it seems, we've got to remember that it is owned by someone, which means that it he can censor or regulate as he sees fit.

 
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