1. NET303 Internet Politics and Power (OUA SP3)
James Bradshaw
FACEBOOK
ASSIGNMENT 2A:
POLICY PRIMER
James Bradshaw (16945595)
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2. FACEBOOK TERMS AND
CONDITIONS
Brief description:
•
1 billion+ global monthly users.
•
Terms and conditions are 1400+ words, under 3 different subsections, over 8
separate pages.
This would take even an experienced reader several hours to complete.
(Smith, 2013)
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3. FACEBOOK TERMS AND
CONDITIONS
Before agreeing to sign up to Facebook, did you read all of their Terms, Data Use
Policy and Cookie Use Policy?
It is common for users not read all of the terms and conditions of a service or
platform before they sign up. Some reasons include:
•
Being confronted with large amounts of text and fine print, which can be
inconvenient.
•
Involve various technical and legal terminology that not all users can
understand.
•
In any case, users cannot gain access to the platform or service without agreeing
to the terms and conditions.
(Wise, 2013)
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4. WHO OWNS THE CONTENT THAT
USERS UPLOAD/SHARE TO
FACEBOOK?
When you sign up for Facebook, you are agreeing to all of their terms and
conditions.
•
Users consent to their data being transferred and processed between the USA.
•
Despite the user essentially owning all the content they create, they
automatically grant Facebook a non-exclusive, transferable, sub-licensable,
royalty free, worldwide license to use any IP content that you post on or in
connection with Facebook (IP License).
•
This license ends if you delete your Facebook account or the IP content itself,
however it remains on the accounts of users that you have shared content with,
or who have content stored on their devices.
(Statement of Rights and Responsibilities, 2013)
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5. WHO OWNS THE CONTENT THAT
USERS UPLOAD/SHARE TO
FACEBOOK?
•
Even still, Facebook IP content may remain in backup copies for a reasonable
period of time. Therefore the user’s intellectual property may live on in
cyberspace forever.
•
Facebook third-party applications also use your information
differently, depending on their individual agreements.
•
If users publish content using the Public setting, even users without a Facebook
account can view your information, such as name and profile picture. Thus
meaning anyone can manipulate and store your information.
•
However, Facebook does offer the option of controlling the levels of privacy for
your information, with their Privacy and Application settings.
(Statement of Rights and Responsibilities, 2013)
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6. HOW DOES FACEBOOK HANDLE
COPYRIGHT?
•
Facebook can remove user content for infringing someone else’s copyright.
•
Users cannot use Facebook’s copyrights or trademarks, unless permitted by their
Brand Usage Guidelines or with prior written permission.
(Statement of Rights and Responsibilities, 2013)
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7. WHAT CONTENT IS CONSIDERED
FORBIDDEN ON FACEBOOK?
Facebook employ various safety measures, however they cannot guarantee
complete safety. They have several commitments the user must follow, including:
•
No activity that is unlawful, misleading, malicious, or discriminatory.
•
No spam or viruses.
•
No collecting other users’ information by automated means, such as bots or
scrapers.
•
No multi-level marketing schemes.
(Statement of Rights and Responsibilities, 2013)
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8. WHAT CONTENT IS CONSIDERED
FORBIDDEN ON FACEBOOK?
•
No bullying, intimidating, or harassing.
•
No content that is hate speech, pornographic, or violent.
•
No third-party applications that contain alcohol or drug related content.
•
No publicity advertisements that are not part of the Promotions Guidelines.
•
No activities that facilitate or encourage violations of Facebook’s policies.
(Statement of Rights and Responsibilities, 2013)
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9. HOW CAN A FACEBOOK USER GET
SUSPENDED/TERMINATED?
Facebook have the right to stop providing all or part of their services to any
user, for the following reasons:
•
Violating the letter or spirit of their Statement.
•
Otherwise creating a risk or possible legal exposure for Facebook.
•
User accounts can be disabled if they repeatedly infringe other people’s
intellectual property or copyright.
(Statement of Rights and Responsibilities, 2013)
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10. HOW ARE PEOPLE’S RIGHTS
PROTECTED ON FACEBOOK?
Facebook respect other people’s rights, and expect their users to do the same, by
following these methods:
•
No content or action on Facebook that infringes or violates someone else’s rights
or the law. Facebook can remove any content of a user if it is in breach of
violation.
•
Facebook protect against copyright infringement, and provide appeals for
wrongful content removal. They also provide various tools to help protect
intellectual property rights.
•
No posting anyone’s identification or other sensitive documents.
•
No collecting user information without clear consent, along with a privacy policy
explaining the indented use of that information.
(Statement of Rights and Responsibilities, 2013)
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11. CAN CHILDREN USE FACEBOOK, AND
IS PARENTAL CONSENT REQUIRED?
•
Users who are under 13 years old cannot own a Facebook account.
•
However, the real identity of users is not strictly verified, as anyone could
simply lie about their age, without having to provide any form of
identification.
•
Users who are convicted sex offenders cannot own a Facebook account.
•
Age based restrictions are applied to third-party applications that contain
mature content, such as nudity, alcohol/drugs, dating, and other mature
content.
(Statement of Rights and Responsibilities, 2013)
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12. COPYRIGHT
All content within this document was used under the
Australian Copyright Act 1968 – Section 41
“Fair dealing for purpose of criticism or review”
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13. REFERENCES
Facebook. (2013). Cookies, Pixels & Similar Technologies. Retrieved from
https://www.facebook.com/help/cookies
Facebook. (2013). Data Use Policy. Retrieved from
https://www.facebook.com/about/privacy
Facebook. (2013). Statement of Rights and Responsibilities. Retrieved from
https://www.facebook.com/legal/terms
SlideShare. (2013). Why you should use SlideShare? Retrieved from
http://www.slideshare.net/about
Smith, O. (2013). Facebook terms and conditions: why you don’t own your online life.
The Telegraphy. Retrieved from http://www.telegraph.co.uk/technology/socialmedia/9780565/Facebook-terms-and-conditions-why-you-dont-own-your-onlinelife.html
Wise, J. (2013). Fine Print! You Always Read the Terms and Conditions – don’t you?
Retrieved from http://www.abn.org.au/blog/fine-print-terms-and-conditions/
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