Monday, July 21, 2008

MySpace Users Beware

Lately I have been reading alot of posts about myspce being as though myspace is a great medium for alot of new online businesses on the internet. so while reading through the TO’s of myspace i have found the following:

6. Proprietary Rights in Content on MySpace.

6.1 MySpace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the MySpace Services. After posting your Content to the MySpace Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (”posting”) any Content on or through the MySpace Services, you hereby grant to MySpace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the MySpace Services, including without limitation distributing part or all of the MySpace Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the MySpace Website. This limited license does not grant MySpace the right to sell or otherwise distribute your Content outside of the MySpace Services. After you remove your Content from the MySpace Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the MySpace Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the MySpace Website as soon as practicable after you make the change.

6.2 The license you grant to MySpace is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace), fully-paid and royalty-free (meaning that MySpace is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach).

6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the MySpace Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the MySpace Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the MySpace Services.

6.4 The MySpace Services contain Content of MySpace (”MySpace Content”). MySpace Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and MySpace owns and retains all rights in the MySpace Content and the MySpace Services. MySpace hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MySpace Content (excluding any software code) solely for your personal use in connection with viewing the MySpace Website and using the MySpace Services.

6.5 The MySpace Services contain Content of Users and other MySpace licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MySpace Services.

6.6 MySpace performs technical functions necessary to offer the MySpace Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the MySpace Services.

Okay so lets take a look at who owns myspace before i make my next point. Myspace is owned by none other than Rupert Murdoch. Rupert Murdoch owns FOX along with many other things. This is a man who has been in business a long time and has much more money and business suave than the average aspiring music artist who posts on myspace. I am not saying that Rupert Murdoch is a bad guy but you should ask yourself this. If myspace could see themselves making another billion dollars off of an upcoming artist’s material do you think they wouldnt use it? Again refer to the TO’s, is this an out clause for myspace? In case you havent noticed myspace has been very money hungry lately. look at the game they have just came out with called “mobsters” can you not see that this game was based around money. If you want favors from the godfather you must either deal with spam surveys, buy something from one of myspace’s sponsors or flat out pay for points using paypal. So it is obvious that myspace is now willing to resort to spam surveys and using games to swindle money from users. So how low do you think myspace will go? If you are the artist standing in between them and a billion more dollars, do you think they wouldnt edit cut copy paste alter and blatantly plagiarize your content to get what they want? If it was me I wouldnt want to chance it..

On the brighter side of things I do belong to a really cool network called Vidvibe.com. vidvibe does not hold these tyrannical rules over your head. They have very simple rules to abide by and there is no catches. They also run contests every couple of weeks to win ipods and all types of other stuff. I like simple so vid vibe is definitely a great option.

I hope this post was informative and helpful for people. any comments would be appreciated.

2 comments:

priyanka singh said...

Excellent Post

Ok thanks

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Haven said...

Thanks for your nice blog........