Re: Baaa baaa baaa!
As I, not so long ago, posted to Facebook...
"If you've fallen for the recent "nobody can't use anything I post because I've included this bit of text" legalese statement:
Short version:
The impressive looking legalese statement has NO legal basis and is COMPLETELY and UTTERLY meaningless AND worthless!
Long version:
The statement references UCC 1-103 and 1-308 as some kind of legal backing for itself when UCC 1-103 and 1-308 are in fact actually part of the United States "Uniform Commercial Code". This governs sales and commercial transactions within the US and, besides having absolutely no relevancy outside of the US, it has absolutely NOTHING to do with laws surrounding IP (Intellectual Property), Copyright or Personal Data which the above statement purports to protect. Furthermore UCC 1-103 and 1-308 are part of Article 1 of the UCC which contains NO law itself, only definitions and rules of interpretation for the actual laws in Articles 2 through 9 of the UCC.
The whole of the UUC can be found on the (US) Cornell University Law School website: http://www.law.cornell.edu/ucc/
The ONLY protection afforded to content you create and subsequently post to Facebook, such as photos, is that of IP/Copyright law. Here in the UK almost anything you create, including but not limited to songs, paintings, poems, books, and even letters and status updates etc becomes, at the point of creation, your intellectual property and as such is protected by copyright law for the entirety of your life plus 70 years. Without delving too far into the law this is, in reality, really only of any use if any of your IP is being used by another for their commercial gain and/or you can prove you have suffered a lose due to its use. It is also important to remember that use of your IP can be licenced/transfered...
Facebook themselves can use ANYTHING you post HOWEVER they want because you have, just by USING Facebook, granted them a "non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook." Basically, this means that Facebook can do WHATEVER they want with your photos, status updates, comments etc, including passing it on to other companies/organisations, because you've ALREADY given them permission to do so.
Any information YOU publicly post to Facebook, which can subsequently being used by other organisations, authorities, agencies or individuals, has the SAME protection afforded to that of a conversation held, and overheard, in the street: NONE. ZERO. ZILCH. Facebook iis the online equivalent of a pub, park or street and there are absolutely NO protections in law to prevent others (either known or unknown to you) acting upon or using information that YOU have publicly revealed. NONE WHATSOEVER! For that to happen there would have to be a none-disclosure agreement between you, Facebook and ALL your friends. Given the nature of Facebook that would be completely unworkable/unenforceable and would practically defeat the whole purpose of Facebook being a SOCIAL network.
The ONLY other kind of information that has any kind of protection is that which you provided to Facebook, like any other business, for them to provision you with their services, such as name, address, email address, phone number, etc. Although that is protected by the Data Protection Act it could be argued, by Facebook, that it only applies to people who choose not to ALSO publicly expose this information on their profiles, so thats a bit of a grey area.
Here endeth the lesson! :D"