Thursday, January 17, 2013

Privacy and Facebook Search: Reference Compendiums of Private Materials for Commercial Use are Prohibited

For an overview of privacy and applicable laws, see the Wikipedia article on privacy at

Companies such as Facebook are exploiting to their benefit the weak status of the right to privacy in the law.

That is why we prefer to talk about a criminal theft of information, which in the case of social media networks is of course also a violation of both intellectual and privacy rights, however those are defined by any legal jurisdiction.

Original photos and texts that anyone posts about themselves belong to THEM, not to the social networking platform, and websites such as Facebook do not have the right to use that "property" or "intellectual property right" other than for the purpose to which it is was originally intended, unless they have explicit specific permission from the rights owner.

A simple clueless opt-out or opt-in will not suffice.

Search-type lists or compendiums utilizing private protected materials are illegal. We need look only to J.K. Rowling and Harry Potter, where the rights owners to the series of Harry Potter books sued the maker of a publication that was a reference compendium of Harry Potter characters, places, etc.
Not allowed.

We see no great legal distinction here between Facebook's commercial use of search compendiums of private user materials and the J.K. Rowling case.
See LawUpdates.

If Facebook wants to use YOUR materials beyond the purpose for which YOU posted them, then they need your permission and they should have to pay you for it.

Our Websites and Blogs

3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog Law Pundit Blog LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari Sky Earth Drones Sky Earth Native America SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wearable Technology Wizard WeTechWi Wine Pundit Word Pundit xistmz YahooPundit zistmz