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Trevoke

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PostPosted: Mon Mar 14, 2005 10:40 am    Post subject: Important notice for all AIM users. Reply with quote Add User to Ignore List

Taken directly from the Terms of Service of AOL Instant Messenger.

[...][you retain ownership of everything you write on AIM, essentially, but...]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.

This bothers me. Now, I know I've established myself as an activist and all that crap in the Google topic, but this is serious.
If you do want to change Instant Messenger service, I suggest that you use Jabber (http://www.jabber.org is the main website, and http://www.jabber.org/user has links to explain what it is, how it works and how to get started).
Jabber is Open Source, free (as in free speech and free beer), and doesn't violate your privacy.


... Need I bring up 1984 again? :)
Seriously, this is dangerous.


[edit to fix formatting]
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Arcana

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PostPosted: Mon Mar 14, 2005 11:14 am    Post subject: Reply with quote Add User to Ignore List

Slashdot posted this up recently. However, this is very little to panic about especially since it's managed to escape the notice of users for over a year.

If no one's managed to notice for one year, and nothing interesting has come out of the changes, then are people still going to get worked up over it? It's kind of a deceptive case, I suppose, but it smacks to me of alarmism and paranoia.

Everyone in the Slashdot article talked about encryption and joked about how the average AIM message looks like encoded data.

The purpose of this is likely to allow advertising, and some people have expressed panicked concern over "You waive any right to privacy". It's interesting to notice that there's no equivalent runes governing content posted to MSN. Does that mean that they won't use any of the data that goes through the servers? Does that imply that we're safe if we switch?

Hard to tell. Now, my question is, has anyone switched IM clients since this news broke? I bet you that no one who used IM regularly has even made an effort to try encrypting their messages and to try to force all of their friends to do the same.
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Trevoke

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PostPosted: Mon Mar 14, 2005 11:19 am    Post subject: Reply with quote Add User to Ignore List

Arcana, if you're half as smart as you've shown to be recently, you know there is no such thing as a "user".
You have "those who know" and you have the "lusers".

Users do _not_ read the ToS - they scroll past and say "alright, let me get the damn software already!".

And.. Well, I'm still on AIM, but I'm getting off in July. Any excuse to leave AOL is a good excuse - and I am not taking my chances on ambiguous wording.
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Lunarblade

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PostPosted: Mon Mar 14, 2005 1:11 pm    Post subject: Reply with quote Add User to Ignore List

Ehhh...I don't really care, it's their software and they can do what they want with it.

I don't talk about anything important on AIM anyway, so it doesn't concern me much.
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Ranadiel

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PostPosted: Mon Mar 14, 2005 1:34 pm    Post subject: Reply with quote Add User to Ignore List

I've just reread through that clause multiple times and I am almost positive that it is not referring to instant messages. It is refrencing if you post content(such as music or art) through an AIM product they gain the rights to use it without having to pay you and apparently they can use your name also. I am 99% sure that this is unrelated to just casual conversations you have over AIM.
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Trevoke

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PostPosted: Mon Mar 14, 2005 1:59 pm    Post subject: Reply with quote Add User to Ignore List

Ranadiel : that's my concern. "AIM Product" includes AIM Software.. And it "sounds unrelated" but the wording is too ambiguous for me.
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kuwaizair

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PostPosted: Mon Mar 14, 2005 5:36 pm    Post subject: Reply with quote Add User to Ignore List

I stoped using AIM, but thats kind of crazy, so they know what I'm saying? If I post art to somone thorugh it they own it? so what if I post somone else's art, then AOL will see their art being sold, thus person gets arrested. ah how good. or maybe I read that wrong.

or if they are tracking my activities to see if I'm doing anything illegal, how does that work? There millions of AIM usage a second I guess.
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Aurelien

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PostPosted: Mon Mar 14, 2005 5:43 pm    Post subject: Reply with quote Add User to Ignore List

Ranadiel was correct. If you really read the ToS, it was clear enough that they were referring to "Content" (which was on the section before the waiving privacy part). I'll quote the part and bold what it meant with "Content"

Quote:
AOL, its vendors and AIM users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products own the property rights to that Content


Then quoting the part about waiving privacy.

Quote:
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. 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.


Plus, it's on the "Content You Post" section. So it was very clear that they were referring to "Content", there's nothing ambigous about it at all. You only didn't read it enough to understand what it meant. And if you're really concerned about such thing, why not switch A.S.A.P. rather than waiting for another 4 months until July? If it could wait for 4 months, surely it wasn't as bad as you made it sound.
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Arcana

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PostPosted: Mon Mar 14, 2005 9:44 pm    Post subject: Reply with quote Add User to Ignore List

Black Pesmerga, "Communications" is ambiguous. Does that imply voice communication, or data communication, or what? AIM users post content on AIM products own the right to the content, yes, but AOL has the right to take that "communication" and use it in any way they see fit. The most probable use of this information is marketing, especially targetted marketing and advertising (not even posting on their web site to show "AIM in use").

Trevoke wrote:
Arcana, if you're half as smart as you've shown to be recently, you know there is no such thing as a "user". You have "those who know" and you have the "lusers".


I disagree with this. You have users. Period. To distinguish between elite ("l33t") users and non-elite ("n00b") users is degrading, but also highly inaccurate. Sorry, but users are people who use the software. Those who don't know much about the software's behind-the-scenes are not people who are stupid, but people who don't want to bother - they have other things to worry about. There's a whole field of research dedicated to making life easier for users -- HCI, or human-computer interaction. Users also pay for the software, provide feedback and contributions, or, in the case of open-source projects, evolve into contributors and developers.


trevoke wrote:
Users do _not_ read the ToS - they scroll past and say "alright, let me get the damn software already!".


And apparently, the "l33t" users don't either, for them to have taken a YEAR to discover this. The terms of service came into effect on February 5th, and applied to users of the AOL service and AIM software.

Another ambiguity arises. I use Fire IM, a Mac OS X all-in-one client. That's not AOL Instant Messenger. Before that, I used GAIM (an open-source all-in-one client; it's pretty neat, by the way, if you want an All-in-one and don't like Trillain). Do the terms of service apply to me?

Also, eweek has posted an article mentioning AOL's reaction to the news:

http://www.eweek.com/article2/0,1759,1775743,00.asp

The spokesperson says that the "content you post" does not include IM messages, and means only content posted to public areas of the AOL service.

Finally, while I don't disagree with your jabber plug, it's extraordinarily difficult to get people to migrate instant messenger protocols. Many people already have more than one (usually one of MSN or AIM; occasionally people use Yahoo! and ICQ), but using Jabber is often considered totally alien. You might mention Jabber transports as a method of keeping in contact with your friends who won't switch, but the data will still go through AOL's central servers and therefore have the possibility of being logged, if your main concern is privacy. Jabber also supports SSL, but that's only from your host to the Jabber server; what happens after that is not defined.

It appears that this is something that was probably accidental - a result of bad writing, and AOL's intentions are not to take all of your private data and publish it.
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Aurelien

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PostPosted: Mon Mar 14, 2005 11:44 pm    Post subject: Reply with quote Add User to Ignore List

Arcana wrote:
Black Pesmerga, "Communications" is ambiguous. Does that imply voice communication, or data communication, or what? AIM users post content on AIM products own the right to the content, yes, but AOL has the right to take that "communication" and use it in any way they see fit. The most probable use of this information is marketing, especially targetted marketing and advertising (not even posting on their web site to show "AIM in use").

When did I mention anything about "communication" ? :?

The way I read the 2 sections, it was more like a way to prevent the users to use AIM for illegal activities. Because in the ToS you agree to use AIM for lawful content, and if you use it for illegal activities (say sharing MP3s) then AIM could show the MP3 files you transfered in court as a proof to say that you indeed used AIM unlawfully.

Seriously, AIM would definitely lose LOTS of users if they just use the content sporadically without good reasons. Just because we waive our privacy doesn't mean that it's posted everywhere on the internet. AIM is not stupid, and it wouldn't do things that would lose its customers.
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Arcana

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PostPosted: Tue Mar 15, 2005 12:10 am    Post subject: Reply with quote Add User to Ignore List

Black Pesmerga wrote:

Quote:
AOL, its vendors and AIM users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products own the property rights to that Content




In your quote from the Terms of Service, and claiming that what they meant by "Content" is not ambiguous. By including the word "communication" in there, there is ambiguity being created.
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Aurelien

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PostPosted: Tue Mar 15, 2005 1:07 am    Post subject: Reply with quote Add User to Ignore List

Why is it ambiguous? It's clear that communications refer to what you communicate with people. So it could be conversation, it could be voice communication, it could be anything that involves communication.

I'll give you another example on how "communication" is relevant in there. Say there are 2 people using AIM to plan something illegal (say robbing a bank), then AIM has the right to reveal the conversation between those 2 people in court as a proof.

Or if you're still so confused on what's in "content" and what's not, just think that everything that you do on AIM is "content".
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sybillious

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PostPosted: Tue Mar 15, 2005 3:50 am    Post subject: Reply with quote Add User to Ignore List

information aside, this is rapidly deteriorating...thread closed.
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