Re: <nettime> Facebook demands Cease & Desist for the "Web 2.0 Suicide Machine"

[Dedalus <dedalus@autistici.org>]

The point is that it is not the software (Suicide Machine or Seppukoo)
which is infringing their Terms of Use but the facebook user himself.
The Facebook Terms of Use (http://www.facebook.com/terms.php) applies
to the user and not to third parties, because it is the user who
agrees the Terms of Use subscribiung to facebook. Then there are some
contradictions between 2 paragraphs in the TOS:

At point 2 (Sharing Your Content and Information) we can read: "You
own all of the content and information you post on Facebook, and you
can control how it is shared through your privacy and application
settings"; Then at point 4.6 there is written: "You will not share
your password, let anyone else access your account, or do anything
else that might jeopardize the security of your account. ";

So paradoxically Facebook should send a letter to each user who has
commited virtual suicide. But it is quite obvious that facebook won't
risk to loose any other user datas, and they use this clause whatever
they like.


Peace,
Les Liens Invisibles

On Tue, 12 Jan 2010 13:23:13 +0100, Florian Cramer
<fc-nettime@pleintekst.nl> wrote:
> On Monday, January 11 2010, 12:45 (-0500), paolo - molleindustria wrote:
>  

>> I think the key of the cease and desist letter (aside of the IP
>> infringement that can be defended as fair use/parody) is the login
>> information. Both projects ask for the Facebook username and
>> password, a practice similar to the malicious phishing. FB has APIs
>> that allow third parties to interface with their system but the
>> login process is never "outsourced" as it potentially grants access
>> to private data of unaware users (the friends of the user).
> 
> But, on the other hand, since both sites are software applications
> accessing Facebook and providing an interface between the user and
> Facebook's server, Facebbook could just as well send Cease and Desist
> letters to all operators of web proxy servers and even to all
> manufacturers of web browsers.
> 
> Florian



-- 
"Ci sono cretini che hanno visto la Madonna e ci sono cretini che non
hanno visto la Madonna.
Io sono un cretino che la Madonna non l'ha vista mai.
Tutto consiste in questo, vedere la Madonna o non vederla."

email: dedalus at autistici.org
http://www.alterazione.net

about my artivity:
http://www.lesliensinvisibles.org
http://www.alterazione.net/n/d3dalus-artivity/


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