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Policy Primer Investigating YouTube’s Terms of Service Jennifer Quinn October 26, 2009
YouTube Seeing a chimpanzee ride a segway is pretty funny, right? http://www.youtube.com/watch?v=xp9Gm-aRe5A
Did You Know? By watching that video, you have just agreed to every one of YouTube’s terms of service... Image from www.clker.com ...without even knowing! (YouTube, 2009)
YouTube states that “By using and/or visiting this website (collectively, including all content and functionality available through the YouTube.com domain name and any country-specific domains or sub-domains thereof, the “YouTube Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) YouTube’s privacy notice ... and (3) YouTube’s Community Guidelines... .” (YouTube, 2009)
Terms of Service Let’s take a closer look at what else you have agreed to... Image from www.clker.com
Ownership Uploading a video to YouTube and getting heaps of people to view it is great. What’s even better is the fact that you retain ownership of that video! (YouTube, 2009) Image from www.clker.com
BUT... YouTube states that by agreeing to these Terms of Service you... “...hereby grant YouTube a worldwide, non-exclusive, royalty free, Sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube’s (and it’s successors’ and affiliates) business, including without limitation for promoting and redistributing part or all of the YouTube Website ... in any media formats and through any media channels.” (YouTube, 2009)
This means that... Your video can be used by YouTube in any way they choose, within any business partners they have, promoting their site – and they don’t have to pay you! image from www.clker.com
They don’t even have to TELL you! (YouTube, 2009) image from www.clker.com
Liability So YouTube can sell, distribute, display, use and modify your video HOWEVER YouTube is NOT legally responsible for any content displayed within the site...
Liability If you upload a video to YouTube showing someone in a negative light, compromising or awkward situation, YouTube is not legally responsible for any invasion of privacy....
Liability ... YOU are! (YouTube, 2009) image from www.clker.com
Never erased Even if you remove & delete your profile and content, you have agreed to allow YouTube to retain copies of this material on their server. “...YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted” (YouTube, 2009)
Privacy Ever wonder what happens to your private and personal information once you have entered it into YouTube? Like your name, birthday, email address, ISP address, etc? image from www.clker.com
Privacy Good news is YouTube “does not provide any personal information to these third-party ad servers or ad networks without your consent”. (YouTube, 2009) Bad news is YouTube will collect and store your info on their servers, and pass this info onto their business partners and affiliates....and GOOGLE (Google, 2009). Google OWNS YouTube (Pike, 2007), meaning that by agreeing to YouTube’s terms of service, you are agreeing to Google’s terms of service as well.
Privacy Data like your ISP address, recent browser activity and recent web searches can be collected and stored on Google’s servers, without you even having to sign up for an account (Barbaro & Zeller, 2006). This information can lead to you and your computer being uniquely identified (Barbaro & Zeller, 2006).
Information Why do they collect this information? This info allows advertisers to target specific advertisements to you while you are using the Google site and all of its affiliate websites (Gapper, 2008). This collection is performed by cookies – “pieces of information sent by a Web server to a user’s browser” (Privacy Rights, 2008) image from www.clker.com
All this happens as soon as you decide to watch that chimpanzee ride that segway.....worth it? image from www.clker.com
Finally Find out exactly what you are agreeing to - ALWAYS read the Terms of Service
References ParryGripp. (2008). Chimpanzee Riding a Segway – ParryGripp. [video]. Retrieved October 20, 2009, from http://www.youtube.com/watch?v=xp9Gm-aRe5A Pike, G. (2007). Google, YouTube, Copyright and Privacy. Information Today, 24(4), p.15. Retrieved October 17, 2009, from Proquest database. Privacy Rights Clearinghouse / UCAN (2009). Privacy and the Internet: Traveling in Cyberspace Safely. Retrieved October 7, 2009, from http://www.privacyrights.org/fs/fs18-cyb.htm YouTube Logo (n.d.). Retrieved October 17, 2009, from http://www.youtube.com/t/press_room_image_files