I left the naked picture of me on mine. They can use that I guess.

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how can i c that????!!!!! ;)

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But this means they can take the ideas for your comics and make a tv show out of them and not ever pay you.

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I don't have comics on myspace. Just a naked picture of me. Naked. Pictured.

I posted about this moments before you.

*grabs Mfing brass ring*

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Holy hell. I suppose that's so they can make their Myspace Mix CDs and not have to pay the artists a cent.

The best part is:

This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies.

"Ummmm, yeah, we saw that you deleted your content, but we, ummm, we had a copy on our server!"

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It's the worst record contract ever written.

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Holy crap. Where the FUCK do they get off?

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You mean intar-nub companies are not letting us propagate drama out of the goodness of their hearts? Say it ain't so!


Ever since Geocities added a similar clause years ago (except without the 'we dont have this anymore when you delete it' section), most major social networking sites have something similar.

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I have some friends who are musicians who post stuff on Myspace, and don't know any better. I mean it's common practice I guess but Myspace's seems especially sinister.

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I should probably add Tom back to my top 8... you know, for when he fucking takes over the world. And Rupert Murdoch. My top 8's getting lamer by the second.

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Damnit!

Those Mr. Potato Heads were painstakingly given lifelike potato genitalia, posed and stop-frame animated on my dime and my time! I'll be damned if they--

Erm, I mean--

Um..

Nothing.

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Makers of glittery .gifs everywhere fumble to file a class-action lawsuit.

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I'm pretty sure this isn't as bad as you think.

By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license...

That's the part you quoted—which just allows them to use your content. That's saying that they don't have to pay you a fee ("royalty-free") to display your naked webcam shot where you are coyly covering your nipples, on the Internet ("worldwide"). Moving on:

...to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. [emphasis added]

The "Services" = basically means myspace.com, so they're pretty much saying "hey, if you upload crap, you can't sue us if we show it to people, cause that's the point of the site. and we'll stop doing it if you remove said crap." Except...

Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies.

Oh gnoes! This just means they run backups of their systems and you can't sue them for having a copy of your aforementioned toplessness on a tape drive somewhere. They retain rights to the copies for technical reasons, so they don't have to incrementally go through backups and delete individual users at that level; but their license to use, reproduce, or publicly perform (read: stream/play/display) your content is terminated upon your deletion of that content from the site.

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<----Paralegal, Police Report Writer, Law Student.

What an optimistic interpretation. You are basically hoping they don't do what they perfectly legally establish they could do. And Youtube too.

I wish I lived in optimism land, riding my pet Awesomeolope, drinking gay fuel with Jeff. But I don't. So watch your ass, peeps!

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thank you jeffery. my (ahem) space has been served with a notice of e-viction.

you may have saved my music

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You mean there are words and stuff in the terms of service? I thought it was all sanskrit after the first page...

Not that I ever post shit on *their*space, but thanks for the heads-up.

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doods what are the chances that they could actually enforce that.

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Basically whenever they use something without someone's real permission (i.e. not what is "agreed" upon in the terms of agreement) and whoever owns the material has a beef with MySpace's use of it, and tries to sue them. Then they will use the old YO IT WAS IN THE TERMS OF AGREEMENT SO WE WIN THIS LEGAL BATTLE. You know, the terms of agreement that nobody actually reads and therefore nobody actually agrees to them.

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Yeah people definitely dont read that stuff. And of course they don't put anything important in the beginning of the agreement, just a bunch of legal-sounding MYSPACE IS A THING WHERE STUFF HAPPENS stuff, so that most people who might actually be reading it would be discouraged from reading further.

I'd only be concerned if anything I posted on myspace was actually important. I still think it is hell of scummy though. As people in positions of power over anything tend to be.

Does LiveJournal have a similar part in its agreement contract? I think I will go look.

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LJ's terms of use read like this...

XIV. 1. "All Content posted to LiveJournal in any way, is the responsibility and property of the author. "

XIV. 3. "LiveJournal claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights..."

http://www.livejournal.com/legal/tos.bml

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And this is why I don't post anything on the internet that means anything to me. Esp. on my space. And thankfully, what I have posted that was semi-meaningful, I posted here.

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Wow that's crazy. I wonder what happens if you put someone else's artwork/music on your myspace page...does it become Tom's property without the artist even being aware of it?

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"You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services."

And Tom don't own shit anymore

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Saw this via my fiancee's Friends page. Doesn't really matter b/c you post something for public comment, you have no right to bitch at strangers for posting.

I am taking Intellectual Property & am a 3rd year law student so I can translate this stuff for you. A) A license DOESN'T mean total ownership. It means what the an earlier guy said about MySpace being able to use your stuff so long as they credit you, say for promos or that sort of thing. The license is merely a permission to use something. B) Contract language is always long, dense, vague and covers everything under the sun; there's a reason for that, called "covering your ass". Lawyers as a rule when drafting contracts think of every single possibility that average people would never think of in case the impossible ever happened. If you're not a lawyer, law student or someone with expertise in contracts, you're not going to know what stuff means & won't know everything, so what you think it means doesn't count for a thing. C) If you delete things, the license is gone. The copy only means MySpace will have a copy, not that it can use the copies of deleted items.

This stuff only means MySpace can use your stuff if you post it, not that it has total ownership over your copyright. It also might mean that if it used something like a harassing post against you, you MIGHT be able to sue where you'd not get to otherwise (there's a law on that specifically). And if you think contracts with anybody don't have a license provision, you're sadly mistaken. When you sign contracts or sign up for services with anyone, you usually give them the right to use something or, in some cases, sign your life away. LiveJournal would be a rare exception but it might just be notice of the law that providers can't be sued over what its members post.

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MySpace Is The Trojan Horse Of Internet Censorship

it's everywhere...

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Hey JRow, what's this about MySpace changing their terms of service recently? I checked their new TOS page, but it still says they get a "non-exclusive, fully-paid and royalty-free, worldwide license" on any content you post.

Thanks for the warning about this, btw... I had avoided MySpace anyway because my browser would always cry when I went to a page with a busy background and a Nick Lachey song playing. Which was like every second or third page that I went to.

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uJ29Da hi jonsf!

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