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Welcome to Our Social Network!

What You thought You were Getting

What You Thought

What You Thought You Were Getting

What You Got

Welcome to Our Social Network! Now SHUT THE FUCK UP and BUY!!!

Welcome to Our Social Network!

Welcome to Your OUR Social Network!

Copyright, Click Wrap and the Fourth Circuit Court

Copyright in the United States was originally enumerated as a short term monopoly for authors as a method of defining ownership of ideas and concepts(aka ‘Intellectual Property’) and also creating opportunity for financial wealth for authors in the “short term” and increasing the intellectual wealth of the society as a whole upon expiration of its term, with assignment to the Public Domain. I use “short term” advisedly as US Copyright has been savagely extended for the benefit of the so called Entertainment Industry.

Click Wrap is the term used to define an electronic agreement between an owner and a user. Most commonly found on the internet when signing up for such things as social media sites like Facebook, Google+, LinkedIn, Twitter, and registration on sites that allow interaction like commenting, uploading images, and other forms of interaction. In the heat to become one of the cool kids and or join the gang, folks blow past these agreements in their rush to belong, assigning licenses and giving up rights to their individual property. This has happened time and time again.

These “agreements” all contain the following:

For content that is covered by intellectual property rights (like photos and videos), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to For content that is covered by intellectual property rights (like photos and videos), 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, copy, publicly perform or display, distribute, modify, translate, and create derivative works of (“use”) any content you post on or in connection with Facebook. of (“use”) any content you post on or in connection with (Insert Your Social Site Name Here).

Basically while you maintain ‘ownership’, these sites can use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of any content you post Derivative Works can be as simple as resizing an image to just renaming it, which if you ever used Typepad was their MO. Also is the game of removing metadata in an image, further obscuring actual ownership. Also a claim can be made for Derivative work status, creating something that you cannot claim. Sort of like filing the serial number off a gun or changing the VIN Number of a car.

Also understand that these ‘agreements’ are subject to change at any time. Be aware that these fulfill all the requirement of a contract between you and them. And in almost every case You Lose.

Which brings us to this article from Copyhype:
Fourth Circuit: Clickwrap Agreement Fulfills Writing Requirement for Copyright Transfer

The important tidbit:

The underlying dispute in this case is between two competing real estate listing businesses, Metropolitan Regional Information Systems, Inc. (“MRIS”) and American Home Realty Network, Inc. (“AHRN”). Plaintiff MRIS, located in Maryland, maintains a database of property listings to which real estate brokers and agents subscribe. These subscribers upload their listings to the MRIS database, and they agree via acceptance of the website’s terms of use to assign ownership of the copyrights in whatever photographs they upload to MRIS. Defendant AHRN, located in California, operates a nationwide real estate search engine. MRIS alleges that AHRN displayed real estate listings that contained copyrighted photographs from the MRIS database, and it filed suit claiming direct and indirect copyright infringement by AHRN.

MRIS is a social network for real estate agents with one important distinction: Their click wrap agreement assigns copyrights to them. Which was used as club to sue AHRN for copyright infringement. Due to the nature of click wrap contracts MRIS won.

Your really need to read the whole thing.

You should be very careful who you play with.

how private is your social network?

The Canadian Access to Social Media Information Project has a clear look at the Privacy Policies of 20 of the top ‘social’ media sites.
Follow this link and click on the icon of your social media site and see the results.

highly recommended

hattip Naked Security

35 Bucks can Cure Twitter Addiction

One of the most revolting parts of the internet is Twitter. But there is now help!
For 35 bucks you can get your twitting idiocy transcribed onto 4 rolls of toilet paper, to help you break your addiction.

Get It Now and Start Your Recovery!!
Don’t just do it for yourself, do it for the Internet.
Hopefully you do know how to use toilet paper.

Quote of the Year

This is the last time I’m going to say this, so pay attention. In the digital world, people are passionate about interacting with each other — not brands, not ads, not you, not me.
Get over it.

Source: The Ad Contrarian

Imagine ad men running after you with stencils and cans of spray paint hoping to ‘brand’ you in hopes that your scarlet letter will get all your faceyspacey ‘friends’ to buy shit you probably don’t need, or want.
The internet is littered with Social Media Lunatics whose goal is to sell your ass to advertisers.

Quote o’ the day

Facebook is a charnel house of features that appeal to advertisers and businesses without actually being used, supported by tools that don’t work, for people who don’t care.
Jeffery Zeldman

Naked Social Media Marketing

Quote of the Day

I can’t prove it, but I’ll bet you $10 that the primary reason people become “friends” or “followers” of brands on Facebook and Twitter is not to have a conversation with the marketer, but to get a discount, a special offer, a deal, or some other form of insider information or advantage. It’s the same reason they join a frequent flier plan. They don’t want a relationship with a baggage handler; they want a free flight to Hawaii.
Source: Digital Dream World

Bob Hoffman at The Ad Contrarian takes no prisoners.

Facebook Follies – The back to skool edition

Ahhh Facebook! The Pet Rock of the 21st century. Something everybody has to have, get tired of, and toss in the trash after the hangover stops.

Facebook has been called “The Social Network”. Hell they even made a movie. But at the end of the day, the Facebook buzz can be attributed to advertisers, Social Media Guru’s, tech writers having a slow news day, or formerly famous personalities trying to reinvent themselves.

Facebook claims 500 million users. B U L L S H I T !!! 500 million accounts Seriously? I don’t think so. They may have a few million active users, say anybody who has used their account in the last 6 months, which is being charitable as the ‘social network game’ depends on fresh blood more than starving vampires. And out of those few million how many are Social Media PR dogs, company flack accounts, and links to the latest meme?

500 million users. B U L L S H I T !!!This is Internet Accounting 101
(Internet Accounting 101: You add all your users and report that number while ignoring folks who quit. You don’t want your site to look like a wall street stock chart. Bad for investors and IPO Cash outs.)

Facebook’s Valuation
There is a lot of speculation regarding the value of Facebook. 12, 24, 33, 50 billion or more. This is hyperbole writ large. Valuation is like wishing in one hand and shitting in the other. You know which will fill up first. The best way to gauge a company’s worth is to see what they have for income, and what you might get for the parts when you break it up.

7 months ago Facebook’s income was pegged between 700 million to 1.1. billion, primarily from advertising revenue and selling data. But even these figures are wild assed guesses. Since the only sharing Facebook does is your personal and public information, making this at best a Wild Assed Guess as well. Even using the stock market game of income multiples, which values stock share price at a multiple of earnings, at 10 times, a relatively conservative figure, the valuation would be around 10 billion on a good day.

Facebook has a bunch of computers and some office space. Used computers bring even less money that used restaurant equipment. They own little if any real estate so there is no money there. Good Will? nah, the S&L failures took that nugget off balance sheets. Not much here once you cut the crap away.

Zucks 100 million for Education
100 million in stock. As noted above this gift has a dubious value. Until you find some sucker to pay cash money for this, you can’t buy books, fix buildings or pay teachers. Makes a great sound byte, but will not make kids smarter anytime soon. Not that this is not a nice gesture, but the pool of suckers has been drained by ponzi schemers, mortgage bankers, and toxic asset bundlers.

Social Networks and Privacy is an Oxymoron
Privacy and Facebook is such an oxymoron that you are probably throwing up in your mouth a little bit.
There is no Privacy in Social Networks.
Social Networks are not about privacy. They are Social as in Pregnancy. There is no ‘a little bit pregnant’. This is why I laugh my ass off when I read postings like ‘Facebook’s Privacy Move Violates Contract With Users’

What bullshit! As I mentioned above, you have no privacy, nor do you have any control over the shifting sands of this weeks privacy rights to the material that you post there. The author goes on about the dangers of this network and makes a leap that there is some contract about your use of their service giving you any privacy. Privacy settings are a Virtual Figleaf so you are not Socially Nude. And only show up in your browser, while in the back room, all your data is being collated, strained, prioritized, and shoveled into the sweaty hands of advertisers. Facebook makes no money by keeping things private.
Facebook, like the rest of the Social Networks are using Advertisers who should have more sense, building the Internet version of magazines. Having the ability to corral ‘users’ into smaller and smaller boxes to shoot ads at, is the electronic Midway Carnival, and you are all rubes.

Regardless of what sort of pixie dust you are snorting, Eric Schmidt of Google is right in telling you, If you want to keep things private, keep them off the internet.

How the GAP bitchslapped Malcolm Gladwell

Malcolm Gladwell recently posted an article making the argument that Social Media (Facebook, Twitter, and the internet)could not create social change. His argument used the Greensboro civil rights sit in campaign of 1960 as his definition of social change. He forgot to mention that it took till 1964 for the Civil Rights Act to become law. That he uses Civil Rights as the poster child for social change, points out his profound ignorance of what social change is, and the role that the internet plays.

He tries to back pedal by acknowledging that Facebook and Twitter do create change, but he continues to beat the drum that unless it happens in meat space and involves blood, it is not social change.

“This is the second crucial distinction between traditional activism and its online variant: social media are not about this kind of hierarchical organization. Facebook and the like are tools for building networks, which are the opposite, in structure and character, of hierarchies. Unlike hierarchies, with their rules and procedures, networks aren’t controlled by a single central authority. Decisions are made through consensus, and the ties that bind people to the group are loose.”

Malcolm hasn’t figured out that central authority went out the window with the second website.

One of the more noteworthy things he said above, “Decisions are made through consensus, and the ties that bind people to the group are loose.” Sort of like a democracy, rather than a totalitarian system., and sums up nicely what electronic activism is.

How the GAP bitchslapped Malcolm Gladwell

No better example of electronic activism and network power than the curious case of the GAP a clothing retailer, and their new logo. Really ya can’t make this stuff up. The GAP used central authority to change its logo. Well folks used their network weak ties to comment on this change. Result? No new logo.

That a protest over a logo for a clothing company can be used to refute Gladwell’s argument is just elegant.
Electronic Activism is not about profound social change, despite Gladwell’s yearning for an electronic Great White Father, to lead the Facebookers and twitters to the promised land of Hierarchy with him in a supporting role.

Electronic Activism is first and foremost about self interest. My likes, My dislikes, and folks who share them. We are at the same time, leaders and followers. This is the bit that the Gladwells just don’t get. This is not a binary world anymore. The kids are growing up. It may just have been a logo today, but it is gonna get interesting tomorrow.

Bonus Link Interview with the New Gap Logo