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AIM owns rights to anything you send

jwinslow

A MAN OF BETRAYED JUSTICE
Staff member
Tourney Pick'em Champ
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 [user] content.

eWEEK.com Special Report: Privacy

"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.

The changes could have serious ramifications for AOL's AIM@Work service which is being marketed to businesses. AIM@Work offers things like Identity Services to allow the use of corporate e-mail address as AOL screen names. It also offers premium services like voice conferencing and Web meetings.

At the time of this reporting, it is not clear if the same terms of service apply to businesses who pay for the AIM@Work features. America Online executives were not available to discuss the terms of service changes.

PointerClick here to read the article: "AOL Takes AIM at Outlook"

On Weblogs and discussion forums, the discovery of the updated AIM terms of service has led to intense discussions.

"They're encouraging businesses to use AIM to discuss details of their business correspondence, even to sync their Outlook contact and calendar files, which, according to their TOS, AOL then has the right to publish in any way they see fit, including, among other things, providing that information to business competitors. I'd be pretty damn leery of using AIM@Work for any kind of business," said Ben Stanfield, executive editor and founder of MacSlash, Inc.
 
To this I say...

Owned.jpg
 
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Considering all of the problems over the years with AOL why do people continue to use the product? I personally do not know of anyone who currently uses the product. So, who are these people and why do they stay with AOL?
 
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buckeyegrad said:
Considering all of the problems over the years with AOL why do people continue to use the product? I personally do not know of anyone who currently uses the product. So, who are these people and why do they stay with AOL?
They love getting the free CD's in the mail.
 
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We're not talking about AOL here people. We're talking about AIM, which many of us use due to its simplicity and cuz it has the biggest userbase so everyone else can chat using it. I loathe AOL and it looks like I'll now have to decide to hate AIM too.

So any responses from those who use AIM but not AOL? It seemed like most of your comments were about, AOL, which stinks.

If Google wanted to get an even bigger grip on the market, they would create a program that would import your aol profile and convert it into a googleCHAT profile instantly. I would much rather have them running the chat monopoly that greedy AOL.
 
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It turns out that instant messages are okay for now.

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

Updated: America Online quells public criticism of changes to its AIM terms of service, insisting the controversial privacy clause does not pertain to user-to-user instant messaging communication.


America Online Inc. on Sunday moved to quell public criticism of the terms of service for its AIM service, insisting the controversial privacy clause does not pertain to user-to-user instant messaging communication.

A section of the controversial clause, which was first flagged by Weblogs and discussion forums, reads: "Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content.

"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.

PointerRead more here about AOL's changes to its terms of service for AIM users.

America Online spokesman Andrew Weinstein, however, maintained that AOL does not monitor, read or review any user-to-user communication through the AIM network, except in response to a valid legal process.

Weinstein told eWEEK.com the clause in question falls under the heading "Content You Post," meaning it only relates to content a user posts in a public area of the AIM service. "If a user posts content in a public area of the service, like a chat room, message board or other public forum, that information may be used by AOL for other purposes," he explained.

eWEEK.com Special Report: PrivacyOne example of this, Weinstein said, may be a user who posts a "Hot or Not" photo and thus allows AIM to post it for other AIM users to vote on. "Another might be taking an excerpt from a message board posting on a current news issue and highlighting it in a different area of the service.

"Such language is standard in almost all similar user agreements, including those from Microsoft [Corp.] and most online news publications. That clause simply lets the user know that content they post in a public area can be seen by other users and can be used by the owner of the site for other purposes," Weinstein added.

"AIM user-to-user communication has been and will remain private," the AOL spokesman declared.

However, Weinstein's stance that user-to-user IM communications are exempt from the controversial clause isn't sitting well with legal experts.

Rob Hyndman, a technology lawyer based in Ontario, pointed out that the terms of service covers the entire AIM product and does not explicitly exclude instant messaging.

"I think the AOLs of the world don't take the impact their TOS [terms of service] have on users seriously enough, generally because they have market power and the customer doesn't," Hyndman told eWEEK.com, arguing that the AIM terms of service appears all-encompassing.

"To be fair to them, I think the errors are innocent, and more the result of sloppy drafting and a reflexively heavy-handed approach to drafting TOS," he said.

Hyndman also took issue with Weinstein's explanation that the heading "Content Your Post" and the use of the word "post" automatically exclude IM conversations. "They seem to say that using that verb means their privacy language only applies to contributions to public forums, i.e. where one 'posts.' But if that's true, why do the TOS use the verb 'post' when referring to all AIM products, if not all AIM products can or do 'post'?" he asked.

In addition, he pointed to the very last line in the terms of service, which reads: "The section headings used herein are for convenience only and shall not be given any legal import." That line, Hyndman asserted, renders Weinstein's explanation weak.

"Many lawyers' natural tendency, especially when drafting to the retail market, is to put as much 'oomph' in the TOS as possible from their client's perspective. They make it as broad as possible, essentially. Until quite recently, there really was no way for customers to respond to this," Hyndman added.

Public impugnment of AOL's privacy policies could have serious ramifications for the company's attempts to monetize its instant messaging network. AOL uses the AIM@Work service to hawk business-related tools like Identity Services to allow the use of corporate e-mail addresses as AOL screen names. It also offers premium services like voice conferencing and Web meetings.
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So if, say, two graphics people are using the "Direct connection" thing to collaborate on a project, the content is still safe because it is technically an instant message?

Because if not, that would suck.
 
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LRABuck said:
So if, say, two graphics people are using the "Direct connection" thing to collaborate on a project, the content is still safe because it is technically an instant message?
That appears to be the case. I wasn't too clear on this, but it looks like they only look at instant messages if needed for legal matters (crime, etc.).
 
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BuckeyeTillIDie said:
Well, I use AIM, not AOL, just to clarify that.
Sorry BTID, I saw your message but the others seemed to be focusing on aol... I sure hope they don't try to claim anything I send over Direct Connect (not looking at it sounds more like a general trend than a guarantee that they won't steal my stuff)... either way its a troubling new development from a company that effects tens of millions of americans
 
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