In case anyone’s interested, here’s a low-down on a controversy that’s been simmering over the Terms of Service (ToS) of the popular social networking tool Facebook. This started on Sunday when a post on The Consumerist publicized a change in Facebook’s ToS that most people have overlooked. According to The Consumerist:

Facebook’s terms of service (TOS) used to say that when you closed an account on their network, any rights they claimed to the original content you uploaded would expire. Not anymore.

Now, anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later. Want to close your account? Good for you, but Facebook still has the right to do whatever it wants with your old content. They can even sublicense it if they want.

Facebook CEO Mark Zuckerberg subsequently offered an explanation on Tuesday, saying that the change merely reflected a “fundamental reality” of how services like Facebook work. Basically he claims that Facebook is worried that if a user who has uploaded content subsequently closes his or her account, that content would still be available to the other Facebook users that the original content owner shared the content with. This change in ToS therefore serves to protect Facebook in case of legal claims from users who close their account but are unhappy that their previously uploaded content might be in the hands of other people.

A blog, Razzed, then rebutted Zuckerberg, arguing that Facebook could have used legal language similar to those of e-mail companies who only act as intermediaries to transmit content from one user to another without needing to claim any legal rights over that content at all. According to this view, Zuckerberg’s assurance that Facebook won’t do anything with its users’ content against their will amounts to an empty promise without any legal backing behind it.

My own view: the vast majority of users on sites on Facebook probably don’t care about what happens to their content once it’s uploaded. As the saying goes, once you upload something onto the net, there’s no way of taking it back. Since they don’t have any way of monetizing the content that they upload, the legal status of ownership claims over that content shouldn’t matter to them either. However, those who do have a way of monetizing their intellectual property, or plan to do so sometime in the future, should probably think carefully before trying to popularize their stuff on Facebook. This could include people like artists, musicians, writers, photographers and software programmers etc. It’s likely that uploading their stuff will be harmless for them too, but you probably don’t want to leave this to chance.