The Small Print Project                                       

Another hot build of one of the top browsers, incorporating p2p and social networking — but look out — Opera Unite’s EULA is an eUGLY one.

Via FactoryJoe:

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Not exactly “decentralized” (more on this in the next section).

Furthermore, if you read through the Opera Desktop End User License Agreement (which you had to if you installed the browser — shame on you if you didn’t!), you would have read section 7: USE OF SERVICES (emphasis mine):

Opera Unite and Transmission and Receipt of Content: Certain features of the Software and Services, including Opera Unite, may allow you to post or send content and/or links to content stored on your computer, that can be viewed by others (”User Generated Content”). Opera Software ASA exercises no control over User Generated Content passing through its network or equipment or available on or through the Services. You agree that Opera Software ASA is not liable for any loss of data. YOU MAY ONLY POST OR SEND USER GENERATED CONTENT THROUGH THE SERVICES THAT YOU CREATED OR THAT YOU HAVE PERMISSION TO POST OR SEND.. You agree not to use Opera Unite to upload, transfer or otherwise make available files, images, code, materials, or other information or content that is obscene, vulgar, hateful, threatening, or that violates any laws or third-party rights, hereunder but not limited to third-party intellectual property rights. We do not claim ownership of any User Generated Content. However, by submitting User Generated Content to us, you grant us and our affiliates the right and limited license to use, copy, display, perform, distribute and adapt this User Generated Content for the purpose of carrying out the Services.

You agree that we are not liable for User Generated Content that is provided by others. We have no duty to pre-screen User Generated Content, but we have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content for any reason, but we are not responsible for any failure or delay in removing such material. We reserve the right to block any user’s access to any content, web site or web page in our sole discretion. Opera Software ASA reserves the right to terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.

Disputes may arise between you and others or between you and Opera Software ASA related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the Services, Opera Software’s network or Software are your sole and exclusive responsibility. Opera Software ASA may at it’s discretion, block certain web sites or domains and re-route you to other pages. By accepting these Terms of Use, You hereby consent to this.

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I encourage you to read Chris Messina’s entire post — it’s a good one!

Comments

On February 4 Facebook revised their Terms of Service, removing a clause stating that user content would no longer be under license to Facebook.

UPDATE: Facebook did an about face and reverted to its previous ToS per a blog post on feb 17.

Well, now the terms indicate that anything you ever upload or share to your facebook profile — regardless of whether your account is active — is Facebook’s property to do whatever they want with. The language is similar but leaves less room for question. There are no longer references to “archived” content — but it’s debatable whether this is Facebook being more open about their intent or just being downright insulting and mischievous.

Did anyone receive notification to review the new Terms of Service before someone finally stumbled upon it — an outrageous 11 days after the fact? What if major publishers decide to boycott by removing “share on facebook” links? That’s not happening, not with the increasing traffic these blogs/sites receive via Facebook referrals.

This is the Internet, folks, and this is nothing new and hardly a surprise from Facebook — it was only a matter of time that they reworded the terms of content ownership (check out my previous posts on Facebook privacy here, here, and here).

If you’re someone who openly shares details and content on the Internet (as I do), you’re only fooling yourself if you believe said content cannot be “stolen” or used against you. Think you’re pre-February 4th content is protected (if you have since deleted your Facebook profile? Not likely. Facebook is the model for a walled garden online network. Now we’ll see how far they go with their power to abuse, sell, sublicense and manipulate user data and content.

The key passages of the ToS are below (new ToS / old ToS)

(Read the article)

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