Terms of Service – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Amazon Will Release You From Its Terms of Service if Zombies Attack https://legacy.lawstreetmedia.com/blogs/weird-news-blog/amazon-will-release-terms-service-zombies-attack/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/amazon-will-release-terms-service-zombies-attack/#respond Tue, 16 Feb 2016 21:39:51 +0000 http://lawstreetmedia.com/?p=50683

Bet you wish you read that fine print now, huh?

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Zombies Courtesy of [Mark Lobo Photography via Flickr]

If there’s one thing most of us out there are probably guilty of, it’s failing to read in full those terms of service agreements that seem to be a necessary evil when creating an account on any app or website.

Most of us don’t even know what we’re agreeing to when we quickly check off the box, and companies are well aware of this fact. That’s why Amazon decided to add in a cheeky apocalyptic caveat into its terms that should inspire users to start taking a closer look.

Hidden in the Amazon Web Service Terms for a new free 3D video game engine called Lumberyard is a clause that states game developers can’t use its materials for “life-critical or safety-critical systems.” However, that rule will be voided in the event of viral undead outbreak, a.k.a. a zombie invasion. The clause reads,

57.10 Acceptable Use; Safety-Critical Systems. Your use of the Lumberyard Materials must comply with the AWS Acceptable Use Policy. The Lumberyard Materials are not intended for use with life-critical or safety-critical systems, such as use in operation of medical equipment, automated transportation systems, autonomous vehicles, aircraft or air traffic control, nuclear facilities, manned spacecraft, or military use in connection with live combat. However, this restriction will not apply in the event of the occurrence (certified by the United States Centers for Disease Control or successor body) of a widespread viral infection transmitted via bites or contact with bodily fluids that causes human corpses to reanimate and seek to consume living human flesh, blood, brain or nerve tissue and is likely to result in the fall of organized civilization.

So in other words, if zombies attack you can legally use Lumberyard anyway you want!

By adding a bit of humor into what most people would call boring legalese, Amazon got people to pay more attention to what they’re effectively signing, and generated some buzz for its product. If for some reason you’d still rather click “read” than take the time to actually go through those legally binding terms after reading this, just know you may be missing out on your legal hall pass in the event of the zombie apocalypse.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Facebook Copyright Myth Debunked https://legacy.lawstreetmedia.com/blogs/ip-copyright/facebook-copyright-myth-debunked/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/facebook-copyright-myth-debunked/#comments Wed, 03 Dec 2014 11:30:33 +0000 http://lawstreetmedia.wpengine.com/?p=29620

Wondering about all those Facebook copyright posts you've seen this week? Check out the myths debunked here.

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Image courtesy of [Maria Elena via Flikr]

In today’s world of multiple social media platforms and just too much to do, you may not remember the June 2012 and November 2012 Facebook copyright panics. In case you missed them, here’s how they went: Status updates surfaced from users who unnecessarily “formally declared” their posted material as off limits to Facebook. The hype threw photographers and artists on the social media platform into a frenzy, and those not employed by their intellectual property still worried about the protections over their personal pictures and videos.

This week, another wave of frantic Facebook users fell for the same hoax and hurried to their computers to copy and paste declarations against potential infringement. Among the most recent status updates was the following:

Due to the fact that Facebook has chosen to involve software that will allow the theft of my personal information, I do declare the following: on this day, November 29, 2014, in response to the new Facebook guidelines and under articles L.111, 112 and 113 of the code of intellectual property, We declare that our rights are attached to all our personal data, drawings, paintings, photos, texts, etc. published on our profile.

For commercial use of the foregoing my written consent is required at all times.

The problem lies in the fact that this simply doesn’t work. It’s useless. It’s a waste of time (and finger dexterity). According to Facebook’s Terms of Service, the minute you upload content to the site you grant the company “license to use and display” that content. But it’s irreversible, despite a status update.

The recent flare up in concern stems from Facebook’s plan to largely update its privacy controls over the coming weeks. The plan, scheduled to take effect January 1, 2015, is titled “Privacy Basics” and attempts to make clearer who can see what on your profile. To explain, Facebook is sending this email out to all of its users:

We wanted to let you know we’re updating our terms and policies on January 1, 2015 and introducing Privacy Basics. You can check out the details below or on Facebook.

Over the past year, we’ve introduced new features and controls to help you get more out of Facebook, and listened to people who have asked us to better explain how we get and use information.

Now, with Privacy Basics, you’ll get tips and a how-to guide for taking charge of your experience on Facebook. We’re also updating our terms, data policy and cookies policy to reflect new features we’ve been working on and to make them easy to understand. And we’re continuing to improve ads based on the apps and sites you use off Facebook and expanding your control over the ads you see.

We hope these updates improve your experience. Protecting people’s information and providing meaningful privacy controls are at the core of everything we do, and we believe today’s announcement is an important step.

Sincerely,

Erin Egan Global Chief Privacy Officer

So, to debunk the current myth…

Here’s the Facebook IP Breakdown

“For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us 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 IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”

Here’s the Translation

You essentially license to Facebook any photo or video that you upload the minute you upload it. Facebook can use it and owe you nothing. In fact, you agreed to that the minute you set up your account, according to the Statement of Rights and Responsibilities. You still own the copyright but it’s not exclusive. Facebook doesn’t need your written consent to use the content.

The only way to avoid this is to delete whatever you uploaded, assuming nobody shared it. When you upload something with no privacy settings (visible to the Public via Facebook settings), everyone–even people without a Facebook account–can access it, use it, and link it back to you.

My apologies if that’s not what you wanted to hear, but a stern letter to Facebook via your status update will do nothing. It’s like those chain letters that threaten you to repost or die in three days—a garbage byproduct of the Internet. Lesson of the day: Be careful what you post or don’t maintain a Facebook Account.

 

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