Tumblr 101: Tips And Tricks To Get Started
Sebastian Thrun: Google's Driverless Car
Hey Facebook - where's the respect?
It's fairly difficult to muster up sympathy for Facebook's management when it comes to the current user revolt over changes to the site's terms and conditions of use (or T&Cs as they are commonly know). After all we've seen it all before, anyone remember lefty singer songwriter Billy Bragg's 2006 MySpace Revolution? Putting aside the irony that it's likely that the MySpace revolution is the only one that Billy Bragg will ever lead, the 2006 Revolt was a blueprint for Facebook's 2009 controversy.
Back in 2006 MySpace changed its T&Cs to provide for an ongoing license to any content posted on the service as they saw fit, fast forward to 2009 and Facebook has done substantially the same thing. Back in 2006 an activist user revolt lead by Bragg forced a turnaround from MySpace, fast forward to 2009 and (absent Billy Bragg) Facebook has done exactly the same thing.
So, what were they thinking at Facebook? Why would a massively successful site show such a disrespect for its users?
While people may put up with the most draconian clauses drafted into the T&Cs for Windows Vista or Adobe Acrobat, generally because they never read them and they couldn't change them if they wanted to, when it comes to online media and the Web things are different. Facebook users should be concerned about the T&Cs, they constitute the terms of the contract between Facebook and its users and is a legally binding document. In an ideal world contracts for services should be negotiated between the parties, in the case of most Web sites and software companies that rarely happens, but this time the users have struck back and are now appear to be collectively negotiating that contract through online activism.
The drafting of Terms and Conditions for Web sites is a tricky business, lawyers must weigh up the potential risks of litigation against the possibility that the terms and conditions will sufficiently turn off users from using the site. When it comes to social media sites there is another significant concern – that users will revolt, start discussion groups, stop posting photos of their cats, and make statements to the media that generate poor publicity for the site.
Lawyers for social media sites need to have a nuanced understanding of the site's fundamental business and pay attention to risks that might impact the business both inside and outside the courtroom.
Given that Facebook would have been well aware of the MySpace case, a cynical observer might suggest that the manner in which Facebook clearly highlighted the changes to the T&C showed that Facebook's management was well aware of the possibility of a user revolt and that their subsequent response would have been mapped out in advance. Facebook's subsequent response to revert back to the previous T&C an to enter into a process of consultation
Users have good reason to be worried about large corporations infringing on their IP rights or privacy. How many users would want to be featured in a Facebook tie up with US Magazine of top ten of "Facebook Funniest Drunken Party Photos" or see their "25 Random Things About Me" reprinted without permission or compensation in an
"Official Facebook 25 Things" book?
Given the dominance of Facebook in the social media world it seems unlikely that this hiccup will only result in the cancellation of a tiny number of hardcore users while at the same time continuing to generate headlines and page views for the site. Facebook and other social media sites need to establish exactly how far they can go when
it comes to the user generated content that drives their world and ensure that lawyers don't kill the golden goose by overreaching and draconian T&Cs. Ultimately Facebook needs to understand that when it comes to user generated content people do actually care and show some respect.
Comments
6
Subscribe to commentsMisterMakerFeb 21st 2009 4:08PM
If I understand correctly, Facebook can (to some degree) get away
with murder because of a complete lack of competition. Globally that
is.
In the Netherlands (Europe), Facebook is only number two in social
media, far behind this Dutch website/service called 'Hyves'. In my
opinion, Hyves offers a much more personal experience that, in many
ways, is far superior to limited and boring Facebook (where every
"personal" page looks the same).
My personal Hyves page has its own unique look, since designed it
myself. Just about everything can be fully personalized and you can
easily add all kinds of gadgets like YouTube movies, mp3 tracks,
etc.
Since Hyves is a Dutch website/company, Dutch laws apply when it
comes to the protection of personal information/privacy. And that's a
good thing, since Dutch law is very strict when it comes to the
protection of consumers' rights and personal information. Issues like
the Facebook controversies would be legally impossible with Hyves.
Your info and files are as safe as you want them to be!
Looking for a safer (and better!) alternative for Facebook? Give
Hyves try:
www.hyves.nl
nanomatrixFeb 21st 2009 7:07PM
My problem with the TOS of them owning everything is that some people don't really understand how much of an issue that can be... For example say you share your secret family recipe to another family member via a private message, or an idea with a co-worker... etc. I think they should add legal terms to their tos to prevent them from being sued, but not for owner ship. I.e. I am ok if they say we have the right to delete the crap when we get time to after you delete your account and that they will not actively use my crap, but at the same time they won't change the evolution or distribution of said crap. I.e. If I leave a comment on someone's account and then leave facebook, facebook wouldn't be obligated to go and mess up threads of conversation because you left, nor will they instant remove all of my dumb mistakes just because I left... However they should not peruse that information in their best interest either. Facebook, should just make sure we do not think they are making the next skynet conglomeration.
:)
Sax25Feb 22nd 2009 12:18PM
I don't know what was more difficult, reading Facebooks T&C's or your comment!
nanomatrixFeb 22nd 2009 1:58PM
That's fair. I wrote way to much for that comment. Thanks. If I could edit it I would.
JimScarFeb 22nd 2009 11:08AM
How could Facebook do this? The same way every other company makes major blunders - MBS, or Management By Spreadsheet. Some exec or underling comes up with an idea. In this case, we have all this great, entertaining content thats generating a lot of buzz. We should make profit directly from it.
Then a spreadsheet is created showing:
A = the amount of content
B = a factor estimating the amount of content that is unique, entertaining, and saleable
C = the amount of revenue that could be generated on a case by case basis selling the unique content
Then the spreadsheet shows a huge sum of money based on A x B x C. Management meets again, sees a huge amount of money that they feel belongs to them as a god-given right, and demands immediate action to start collecting said money.
Someone wisely brings up that the soothsayers (lawyers) must be consulted. Lawyers say, "First you must change the T&C to bestow unto yourselves the right to use this content." Management replies, "Make it so, Number Two." If, at any time during this process, some underling dares to mention people might not like it, they are pounced upon by others, so filled with cash-lust and/or so incapable of empathy and full of scorn for their customers (users) that they simply brush aside such concerns, saying that, "No one reads the T&C anyway" or "They're sheep. We're entitled to take their money because we tricked them into giving us the content first." And, after all, the Almighty Spreadsheet has proven that it is A Profitable Decision. And so it is written; so it is done.
And when there is a backlash, when the sheep show spines, it's all dumped on the Marketing Dept. to handle the rioting. Oh, and by the way, try to put a positive PR spin on our backpedaling, please. And get together with the lawyers and figure out a way we can still get our hands on that cash, without chasing our free content providers away this time. After all, they have our money and we need to get it from them.
Sax25Feb 22nd 2009 1:09PM
Incase someone forgot to wake you up - we have a site like that - its called MySpace. Simplicity is what makes facebook good. Nobody to wait 5 mins for a profile to load filled with 500 YouTube videos, 60 photos of their fave celebrity not to mention a tacky theme.