Wednesday, February 27, 2008

User-generated Content: Facebook v. Wordpress

Facebook’s Terms of Service [1] inter alia say:
“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, commercial, advertising, or otherwise, 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.”

I’m pretty sure that not too many people know that by posting their content on to Facebook, they automatically licence it to the company in such a broad manner. I’m not sure what fully-paid means in this context though since no money changes hands — I would have assumed that the consideration for the licence was the provision of a service but the words ‘fully-paid’ have left me a little confused.

This is in contrast to Automattic’s Terms of Service [2] which say:

“By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Automattic will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.”

Links:
[1] http://www.facebook.com/terms.php
[2] http://wordpress.com/tos/

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