Do you use AIM and value your internet privacy???

[AnnInLa]

http://www.eweek.com/article2/0,1759,1775649,00.asp

AOL's Terms of Service Update for AIM Raises Eyebrows
By Ryan Naraine
March 12, 2005







America Online, Inc. has quietly updated the terms of service for its AIM instant messaging application, making several changes that is sure to raise the hackles of Internet privacy advocates.

The revamped terms of service, which apply only to users who downloaded the free AIM software on or after Feb. 5, 2004, gives AOL the right to "reproduce, display, perform, distribute, adapt and promote" all content distributed across the chat network by users.

"You waive any right to privacy. You waive any right to inspect or approve uses of the content or to be compensated for any such uses," according to the AIM terms-of-service.

Although the user will retain ownership of the content passed through the AIM network, the terms give AOL ownership of "all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this content.

"In addition, by posting content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this content in any medium," it added.

more at site above

[FormerDittoHead]

1. It's good to keep track of these terms... LEGAL QUESTION...

I remember reading that Yahoo!/geocities had (still?) similar terms for its free websites - anything you post (pictures of your kids) there also becomes their property to use / sell etc.

QUESTION (workaround?): I would think if you were to have exclusive permission to reproduce someone ELSE'S work or image that right would NOT be transferrable.

Example (and this happens to be the case with me): you buy a set of royalty free music or clip art / photos / etc. for use in multimedia projects including websites. But this example could also pertain to a tightly worded model release.

The licenses in these products are very specific, and in no way grant any transfer of rights of reproduction to any third party. (i.e., you could make a website for someone else using the media, but then that other person can't turn around and sell that media).

So, if you wanted to make sure that AOL wouldn't be able to put your kid's picture on BILLBOARDS, (or sell it to Nescafe to use on it's baby formula for hundreds of thousands) you'd have someone ELSE post the pictures given a 'model release' giving your friend exclusive rights to post the pictures ONLY ONCE on a website (or shared through AIM) and for no purpose non-tranferrable....

would this be a work-around, legally?

[RoyGBiv]

2. Instant Messaging ...

For anyone who uses any instant messaging network, you should consider using a program like GAIM. I mention GAIM specifically because it incorporates support for several different networks at the same time, removing the need for different chat clients.

http://gaim.sourceforge.net/

If you want real security, then install a plugin for GAIM that allows you to communicate with encrypted chat sessions. The AIM network can capture the text all it likes, but it won't be able to read what is there.

http://www.cypherpunks.ca/otr/