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Out of curiosity... [legal question]
ceres
When the last moon is cast over the last star of morningAnd the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
When the last moon is cast over the last star of morningAnd the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
Someone on my facebook posted this. Would it actually work or is this more chain posting nonsense?
For those of you who do not understand the reasoning behind this posting, Facebook is now a publicly traded entity. Unless you state otherwise, anyone can infringe on your right to privacy once you post to this site. It is recommended that you and other members post a similar notice as this, or you may copy and paste this version. If you do not post such a statement once, then you are indirectly allowing public use of items such as your photos and the information contained in your status updates.
PRIVACY NOTICE: Warning - any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/or the comments made about my photos or any other "picture" art posted on my profile.
You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee , agent , student or any personnel under your direction or control.
The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law. UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE
And it seems like all is dying, and would leave the world to mourn
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The point of the Terms of Service of a product / application / website, you have to click AGREE / DISAGREE. Where is Facebook's choice in agreeing to that?
Plus, There is already legal language when you signed up saying that Facebook owns your stuff, whether Facebook means Zuckerburg or investors.
No one is being forced to use Facebook, if you use it, you play by Facebook's rules, even though they could be terrible (but within the law).
A cursory examination of UCC 1-103 / 1-308 seems to reveal them as common & merchant laws. The person who posted that on Facebook seems to think they're some sort of privacy protection laws? That doesn't seem to be the case (though one of the lawyers on here should be able to confirm / deny that).
In any case, the state will more or less do as it pleases, and neither the CIA or FBI are not going to care that you haven't given them permission (or attempted to verbally revoke permission from them) to collect information from your Facebook page. If they take an interest in what's there, expect that it will be collected by them, regardless of any disclaimers you post.
For instance, I had a facebook since before it became nigh impossible to delete one's account, and as far as I'm aware people never got any notice that this would happen.
I actually didn't think to check snopes!
Worse, this isn't attempting to fear-monger you into action/inaction, it's a troll solution to answer a problem that doesn't exist.
Just trying to understand the context based on the legal statement above.
That's the gotcha, they do update them occasionally and do inform. Most people just don't realize it. I know I've gotten it a couple times just at the top of my page saying "It's been updated, click here to agree". You do to clear the message but lots of people don't realize that's a LEGALLY BINDING agreement.
Eh.
I think the jury is still out on that one.
amateurhour: I'm not sure. The person who posted it was an artist, and I'd imagine that's what she was trying to protect. I almost never post anything so I'm not that worried, but I do like the idea that someday when I'm tired of facebook I can make my account really go away.
True, depending where you live. How about in Facebook's view, it's a binding agreement.
...Why did she specify that she was revoking permission from 'government agencies'?
They've worked out deals with the more successful content creators, sure.
I guess what I'm saying is that unless your friend just happens to be named Robert Kirkman, I wouldn't really worry about what art they're posting on facebook.
It's a boilerplate almost meme like thing that's being passed around. I've seen a half dozen people post the same thing among my friends and laugh everytime I see it.
Best is when they are actually uploading a picture of this to their wall. Not posting the text, but somehow Facebook will take that jpeg and interpret what the language in the picture means.
This is a pile of toothless gibberish, for a ton of reasons.
First, facebook - or any other board- being publicly traded has no bearing on your IP
In the US, you passively copyright upon publication unless some contract specifies otherwise.
You are the owner of original material you put on facebook, with the only other possible claimant being facebook as a company, subject to the terms and conditions of your use agreement with the board, which no doubt specify you cant sever said agreement via any means but shutting down your account.
UCC-1-101 and 1-308 are things conservative geese like to stick on their message board posts because they think having it in your sig magically causes you to retain copyrights, but they're wrong on several levels - the first and biggest being that the UCC isn't actually law and applies in the main to intrastate contracts, the second being they have no agreement to deliver their writing as a product and cannot therefor reserve rights in part, the third being that they already have copyright, and the fourth being that if they do not, they are under a prior agreement with the publishing site that can't generally be modified from within on a per-post basis.
I host a podcast about movies.
I always feel like a wet-blanket bring-down when I comment on these, but it is so hard sometimes to just let people feel good about things they post if they make no sense. I suppose I should probably learn.
I mean, if she wants something to stay private, she shouldn't be posting it on Facebook (or any other publicly accessible blog / forum / social community). The notion that an arm of the state, assuming they saw something of interest to them on her FB page, would see this disclaimer on her wall and think, "Oh man, shit just got real. Better keep this one at arm's length!" is cartoonish.
If she's worried about someone stealing / plagiarizing her work, she should keep it offline. If she's worried about being spied on (most of the websites with that cite those laws seem to be concerned about federal agencies scooping-up their personal information), well, that's tough luck I'm afraid.
Dude, i wrestle with this constantly. People are just so wrong so much.
I host a podcast about movies.
But one thing she showed us that was interesting:
Facebook serves you with notice that you have received and agree to their privacy policy, in full.
They serve you this notice in the header packet information for the initial connection. And by opening/accepting the packet, you accept their privacy policies.
You can only see this packet data using Wireshark or a similar packet sniffer, and only if you know just where to look. It's one of the most sleazy things I've ever seen a company do, and it basically makes me not trust anything privacy-wise that Facebook does.
(She also showed us why it takes 3-6 seconds for Facebook to refresh when you first look at the page.)
My favorite was when a few people got all up in arms about Facebook 'posting your phone number without your permission' and it was really just an address book feature Facebook added that compiled the phone numbers of your friends if they'd put it on their profile.
and thanks for the Snopes link. I saw the same thing Ceres did on my newsfeed.
There are however several ways to hide text on a webpage using java script and other languages, so maybe that is what was meant.
In most cases companies reserve the right to alter their terms of use at will, only subject to the limitations of law.
Their clients generally have NO RIGHTS to alter the terms of the agreement, so it does not even matter if that bit of text was legally binding when viewed. You don't have control over the legal status of your FB page according to the agreement you made when signing up for the service.
It also does not seem to understand the internet, since just by viewing a page the "government" is actually copying it to their computer already.
However I don't think Facebook's ToS have changed significantly in a few years either way.
Their previous ToS probably place the responsibility on you to know and agree to the terms of service before you log in.
We're all going to end up in a human centIpad at this rate
I host a podcast about movies.
I'm pretty sure every ToS ever has some blurb about "we reserve the right to change the ToS with or without notification and continued use of our service is taken as renewed consent" or words to that effect. Basically when you physically signed up and clicked "agree" is in most cases irrelevant, if you're continuing to use the service you've agreed/are agreeing to whatever the ToS says NOW.