Quick thought about Facebook’s EULA

I’m working on a longer post about Facebook’s EULA, but one thing about this whole mess deserves separate comment.  A recently released comment by a Facebook spokesman states the following:

We are not claiming and have never claimed ownership of material that users upload.

OK, so, Facebook doesn’t “own” user submitted content.  That’s great.  However, they take:

an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

Uh… so… they can do basically whatever they want with it, including using it in their advertising, selling the right to use it to other people, basing derivative works off of it, etc.  But at least they don’t claim to own it!  Yay!

Also, both the old version and the new, controversial version of the Facebook EULA have been made available in the EULA gallery.