Basically a deer with a human face. Despite probably being some sort of magical nature spirit, his interests are primarily in technology and politics and science fiction.

Spent many years on Reddit and is now exploring new vistas in social media.

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Joined 1 year ago
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Cake day: June 9th, 2023

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  • No problem. I’m not a lawyer myself, mind you, but I’ve encountered issues like these enough times over the years that I feel I’ve got a pretty good layman’s grasp. Plus I’ve actually read some of these ToSes and considered them from the perspective of the company running the site, which I suspect most people arguing about this stuff haven’t actually done.

    I wish the Fediverse sites running without rigorous ToSes well, of course, but I suspect failing to establish clear rights to use the content people post on them is likely to end up biting them in the long run. At least the bigger ones. Hobby-level websites get away with a lot because they don’t have significant money on the line.


  • You could ask a lawyer, I suppose. But the basic gist of this is “we don’t know what we might need to do with this data in the future, so we put ‘we can do anything with this data’ into the ToS so that we know that if the need arises we won’t find ourselves unable to do what we need to do with it.” Any website that doesn’t do this could find itself unable to implement new features or comply with new laws they didn’t think of when crafting the original ToS.

    At the very minimum a ToS needs to have some way to update and apply retroactively to old data, which ends up being “we can do anything with this data” with extra steps.





  • I’m just venting, really. I know it’s not going to make a real difference.

    I suppose if you go waaaay back it was different, true. Back in the days of Usenet (as a discussion forum rather than as the piracy filesharing system it’s mostly used for nowadays) there weren’t these sorts of ToS on it and everything got freely archived in numerous different places because that’s just how it was. It was the first Fediverse, I suppose.

    The ironic thing is that kbin.social’s ToS has no “ownership” stuff in it either. For now, at least, the new ActivityPub-based Fediverse is in the same position that Usenet was - I assume a lot of the other instances also don’t bother with much of a ToS and the posts get shared around beyond any one instance’s control anyway. So maybe this grumpy old-timer may get to see a bit of the good old days return, for a little while. That’ll be nice.


  • Well, a large part of my frustration stems from the “I’ve seen this for decades” part - longer than many of the people who are now raising a ruckus have been alive. So IMO it’s always been this way and the “social contract we’ve adapted to” is “the social contract that we imagined existed despite there being ample evidence there was no such thing.” I’m so tired of the surprised-pikachu reactions.

    Combined with the selfish “wait a minute, the stuff I gave away for fun is worth money to someone else now? I want money too! Or I’m going to destroy my stuff so that nobody gets any value out of it!” Reactions, I find myself bizarrely ambivalent and not exactly on the side of the common man vs. the big evil corporations this time.


  • I wouldn’t really trust that promise, frankly. I just checked their terms of service and it has the usual clause:

    You must own all rights, title, and interest, including all intellectual property rights, in and to, the User Content you make available on the Services. ASSC requires licenses from you for that User Content to operate the Services. By posting User Content on the Services, you grant ASSC a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your User Content.

    Which isn’t really surprising, it’s standard boilerplate for a reason. They don’t want to be caught in a situation where they can’t function legally any more. They say they won’t sell the company or your data, and they might even believe that right now, but who knows what the future might bring? They have the ability to do so if the circumstances arise.


  • Hardly. They earn money by being paid by their users, but they can earn more money by being paid by their users and also selling their users’ data. The goal is more money, so it makes sense for them to do that. It’s not crazy.

    From the WordPress Terms of Service:

    License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services.

    Emphasis added. They told you what they could do with the content you gave them, you just didn’t listen.

    I’m sorry if I’m coming across harsh here, but I’m seeing this same error being made over and over again. It’s being made frequently right now thanks to the big shakeups happening in social media and the sudden rise of AI, but I’ve seen it sporadically over the decades that I’ve been online. So it bears driving home:

    • If you are about to give your content to a website, check their terms of service before you do to see if you’re willing to agree to their terms, and if you don’t agree to their terms then don’t give your content to a website. It’s true that some ToS clauses may not be legally enforceable, but are you willing to fight that in court? If you didn’t consider your content valuable enough to spend the time checking the ToS when you posted it, that’s not WordPress’s fault.
    • If you give someone something and they later find a way to make the thing you gave them valuable, it’s too late. You gave it to them. They don’t owe you a “cut.” Check the terms of service.