The Facebook TOS controversy

Facebook recently updated their terms of service to include language which made users of the service a little uncomfortable. The new terms gave Facebook “perpetual worldwide license” to any content shared on the service. There was an outcry from the community regarding the open-endedness of these new terms of service. I can attest that, upon sharing content on any social network, my intent is not to relinquish ownership of that content but to expose it to a different audience. Most users agreed with me leaving Facebook with a multitude of disenchanted users.

As such, Facebook had to respond. Founder Mark Zuckerberg issued a statement about the new terms. This statement basically said they would never actually use all the rights granted to them by the new TOS. Their intent was only to be able to continue displaying content that had been sent to friends even after a user leaves Facebook so as not to upset the continuity of the friend’s experience. In fact, Facebook claims the terms do not allow them to use your content in any way they wish. I’m certainly no lawyer, but I have trouble seeing the limits of a “perpetual worldwide license.” I can understand the desire to allow friends to continue accessing content even if the contributor has left the community. It would be jarring if messages and shared items were to disappear as friends leave. However, I think Facebook’s approach is a bit of overkill. It seems to me they could have reserved their rights to continue displaying user content in the way that user intended even after departing by merely adding that these were in fact the rights they had to the content rather than the blanket statement that actually ended up in the terms.

Luckily, your voices did not go unheard. Facebook launched a poll to gauge user response to the new terms. Fifty-six percent of users preferred the old TOS, and alas it was restored. The new terms would have granted Facebook too much in the way of rights to user content. However, the deft response to users’ concerns is encouraging for a company so large. Certainly, Facebook could have maintained the new TOS and probably suffered very little as a result. Online communities have come to realize that their most vocal users are the hardest to please but are also their greatest assets. They are often the first and loudest to complain, but they are also the most frequent contributors to the ongoing conversation amongst users that is the sole reason these services can exist. I, for one, applaud Facebook for listening to user concerns and responding. As a content creator myself, I understand that if I give up rights to my content online, I have nothing.