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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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facebook privacy? | 300 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
facebook privacy?
Authored by: bilateralrope on Tuesday, June 05 2012 @ 02:00 AM EDT
> Can you override the facebook agreement?

I think not. If the Facebook user agreement is like many others I've seen, they
have something in there allowing them to cut you off should they feel like it.
So if you could override the agreement, Facebook could just close your account.

There is also the problem of making such a notice visible to anyone looking
through your profile. Unless you have attracted attention that is specifically
looking at you (which probably involves a warrant and/or blatant illegality),
data mining will be done via programs. Which aren't going to understand the
statement.
Good luck enforcing it when:
- It's an attempt to alter the Facebook user agreement without giving Facebook
a chance to disagree. Let alone the Facebook apps.
- It's done in a way that nobody will notice it.
- Most of the time, when Facebook allows someone to invade your privacy, you
won't notice.

This is just a feel good thing that does nothing.

[ Reply to This | Parent | # ]

Simple solution.
Authored by: Anonymous on Tuesday, June 05 2012 @ 07:58 AM EDT
Don't use Facebook.

[ Reply to This | Parent | # ]

If in Europe
Authored by: Anonymous on Tuesday, June 05 2012 @ 08:37 AM EDT
You might have a chance and be able to activate some heavies. Germany, Norway
and others are stirring on this.

[ Reply to This | Parent | # ]

  • If in Europe - Authored by: Anonymous on Tuesday, June 05 2012 @ 08:56 AM EDT
    • If in Europe - Authored by: Anonymous on Tuesday, June 05 2012 @ 09:20 AM EDT
      • If in Europe - Authored by: Anonymous on Tuesday, June 05 2012 @ 12:31 PM EDT
        • If in Europe - Authored by: PJ on Tuesday, June 05 2012 @ 12:48 PM EDT
          • Also - Authored by: Anonymous on Tuesday, June 05 2012 @ 01:06 PM EDT
          • If in Europe - Authored by: Anonymous on Tuesday, June 05 2012 @ 04:34 PM EDT
        • US example - Authored by: Anonymous on Wednesday, June 06 2012 @ 05:20 AM EDT
    • If in Europe - Authored by: Anonymous on Wednesday, June 06 2012 @ 06:14 AM EDT
facebook privacy?
Authored by: wharris on Tuesday, June 05 2012 @ 09:56 AM EDT
I only skimmed the statement, but I see several problems with it. Among other
things, Facebook becoming a public company has nothing to do with their privacy
policy or data sharing in general. The US government does not need your
permission to hoover up your data; it's authorized by the Patriot Act among
others. Photos/text posted to Facebook may or may not be private, but they are
not legally privileged. It is not clear to me what the Uniform Commercial Code
has to do with copying information or spying on people.

Finally, to answer the question as asked (Can the terms of use of a posting
override the Facebook agreement), the very best outcome is that the poster can
hire a high-priced lawyer to argue the contradictory terms in court "Sure,
the poster violated Facebook's TOU when they made a posting with a different
copyright license, but Facebook should have individually read every single
profile before assuming that the TOU my client agreed to would apply. And by the
way, pretty please deny Facebook's forthcoming motion to recover damages for my
clients violation of the TOU"

[ Reply to This | Parent | # ]

facebook privacy?
Authored by: Anonymous on Tuesday, June 05 2012 @ 01:04 PM EDT
The problem with this is the terms of use to which one agrees to use Facebook
grants Facebook a binding license to the postings, as long they remain in
Facebook's system, even after they are 'deleted' by the user. As a U.S.
corporation, it is compelled to comply with any legal search request. By
continuing to use Facebook, one effectively relinquishes any legal claim made in
such a post.

Also, you can't compel the federal government through the the Uniform Commercial
Code, as it is not federal law. It is a set of recommendations from a
non-governmental agency on how to make trade between the states consistent,
which states individually have then adopted as law. It has nothing to do with
federal privilege or personal privacy rights.

[ Reply to This | Parent | # ]

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