I am sure you have all see this on Facebook posts of late: “Due to the fact that Facebook has chosen to involve software that will allow the theft of my personal information, I do declare the following: on this day, November 29,2014, in response to the new Facebook guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are attached to all my personal data, drawings, paintings, photos, texts etc... published on my profile. For commercial use of the foregoing my written consent is required at all times. Those reading this text can copy it and paste it on their Facebook wall. This will allow them to place themselves under the protection of copyright. By this release, I tell Facebook that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents. The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook. The contents of my profile include private information. The violation of my privacy is punished by the law (UCC 1 1-308 - 308 1 -103 and the Rome Statute). Facebook is now an open capital entity. All members are invited to post a notice of this kind, or if you prefer, you can copy and paste this version. If you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile update” Well, I am going to explain to you how this post is bogus, not legally binding, and just plain wrong. Please read these comments before you post it again, so I don’t need to post this full explanation on your wall, and make you look like an idiot when a quick SNOPES search could have saved you lots of trouble. BOGUS: The Code of Intellectual Property listed above is likely a French Statute, so the relevance to an American Website, unless you are posting copyrighted French material, is likely nil. The US law that covers this is 15 USC 107 - Protection of Intellectual Property Rights. Then again, when you join Facebook, you agree that the information you post is not private, so likely even there, it would be hard to make an argument. The UCC is the Uniform Commercial Code, and its provisions, specifically those mentioned above, are useless for what you are trying to do (which you cant do anyway, as you agreed to Facebooks Terms of Service when you joined). UCC 1-103 explains how the UCC is there to simplify Commercial transactions, and 1-308 has to do with performance rights under a contract and how you dont prejudice other rights simply by the act of preforming. The Rome Statute establishes the International Criminal Court, and therefore has nothing to do with your privacy per se. en.wikipedia.org/wiki/Rome_Statute_of_the_International_Criminal_Court NOT LEGALLY BINDING & JUST PLAIN WRONG: When you joined Facebook, you agreed to their Terms of Service. As such, a de facto contract exists between Facebook, and you. You may not like everything Facebook does, but that doesn’t give you the right to change the contract without their assent. If you do not agree with Facebooks stated policies, you have several options: Decline to sign up for a Facebook account. Bilaterally negotiate a modified policy with Facebook. Lobby for Facebook to amend its policies through its Facebook Site Governance section. Cancel your Facebook account. I hope this helps somewhat, as I keep seeing this bogus post popping up on my friends walls from time to time. The SNOPES article: snopes/computer/facebook/privacy.asp
Posted on: Mon, 01 Dec 2014 21:44:34 +0000
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