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My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
My Vimeo Primer
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My Vimeo Primer

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For Net303 Assignment 2, Part 1. A commentary on the terms of service of Vimeo.

For Net303 Assignment 2, Part 1. A commentary on the terms of service of Vimeo.

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  • Thanks Josh,
    I appreciated your very kind remarks.
    The parallels between YouTube and Vimeo as video sharing sites are really interesting. When I looked at Vimeo, I found it at first glance to be a an inviting space and it was only when I considered the ramifications of some of the conditions that I tempered my view and made reference to the “dark side” (O’Shea, 2013, slide 12). I find it fascinating that your analysis of YouTube (Wright, 2013) has shown it to be inferior to Vimeo in terms of user rights to their own material, as I would have expected a better public face from a Google-owned company.
    Vimeo actually adopts a position of strength by allowing users to set their own privacy filters (“Vimeo,” 2013) in order to limit the visibility of their content to selected audiences. It is precisely this approach that encourages more sharing by users, opening up their data to tracking, analysis and use by Vimeo, associated companies and advertisers. Users thus trade off privacy for a perceived benefit (Brown & Muchira, 2004). It’s all about making users relaxed and comfortable, while the affordances of the site architecture - which should provide protection (Lessig, 1998) - actually leaves them exposed and lacking any real semblance of privacy.
    I wonder whether YouTube will eventually face their own form of embarrassment relative to privacy as Google did with the Gmail reading scandal (Rushe, 2013). I certainly hope that the cases made collectively by our primers might eventually encourage more users to read the fine print of terms of service than is currently the case (Smithers, 2011).
    Thanks again for taking the time to comment on my primer.
    Kero

    References
    Brown, M., & Muchira, R. (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research, 591, 62–70.
    Lessig, L. (1998). The Architecture of Privacy. Presented at the Taiwan Net ’98, Taipei.
    O’Shea, K. (2013, October 26). My Vimeo Primer. Slideshare. Online slideshow. Retrieved October 30, 2013, from http://www.slideshare.net/Kero_Net303/my-vimeo-primer
    Rushe, D. (2013, August 15). Google: don’t expect privacy when sending to Gmail | Technology | The Guardian. The Guardian. Online newspaper. Retrieved from http://www.theguardian.com/technology/2013/aug/14/google-gmail-users-privacy-email-lawsuit
    Smithers, R. (2011, May 11). Terms and conditions: not reading the small print can mean big problems | Money | theguardian.com. the guardian. Online newspaper. Retrieved from http://www.theguardian.com/money/2011/may/11/terms-conditions-small-print-big-problems
    Vimeo. (2013). Vimeo. Online video. Retrieved October 21, 2013, from https://vimeo.com/home/myvideos
    Wright, J. (2013, October 20). YouTube – A Summary of the TOS. Slideshare. Online slideshow. Retrieved from http://www.slideshare.net/joshnbez/youtube-a-summary-of-the-tos
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  • Hi Kero,

    You have produced an excellent summary of the Vimeo TOS. The presentation flows very well, and you do a very good job of highlighting important points with your styling.

    I was particularly interested in contrasting your summary of Vimeo with mine of YouTube, being that the sites offer a very similar service. You mention on slide 21 that the search process within Vimeo is contextual, and that search results will differ from person to person (O’Shea 2013). I found that this concern is also applicable on YouTube, with Google absorbing every micro detail of the user’s interaction with the site to target advertising and search results. Your findings are in line with Lessig who is concerned about the increase in the “recordable and the searchable” (1998) as well as Pariser’s research about targeted search results and “filter bubbles” (2011) as I note is also cited within your slide.

    I also found slide 23 to be very interesting, where you investigate ownership and copyright protection of user generated content. Fortunately, Vimeo is much more generous than YouTube. According to your Primer, Vimeo only retains copies of content for mainly legal reasons (O’Shea 2013), whereas YouTube circumvents the owner’s copyright on the content and demands that they can do anything they want with it (YouTube 2013). I know if I were to post a Video, I would want to retain as much control and privacy as possible, so understanding policy of this nature is critical.

    After viewing your primer, I have an excellent understanding of Vimeo and it’s TOS. In my opinion, if a user were to choose between YouTube and Vimeo, I believe they retain more control and more rights by choosing Vimeo.

    JoshW.

    References:

    O’Shea, K. (2013) My Video Primer Retrieved from:
    http://www.slideshare.net/Kero_Net303/my-vimeo-primer

    Lessig, L. (1998) The Architecture of Privacy Retrieved from website:
    http://cyber.law.harvard.edu/works/lessig/architecture_priv.pdf

    Pariser, E. (2011) Beware online “filter bubbles” [Video] Retrieved from website:
    http://www.ted.com/talks/eli_pariser_beware_online_filter_bubbles.html

    YouTube. (2013) Terms of Service Retrieved from website:
    http://www.youtube.com/static?template=terms
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  • Hi Katrina,
    Thank you for drawing the parallels between the TOS that we chose to examine. I found it really interesting to hear about the similarities and differences as you saw them.
    Your question re the group of companies that make up the group that Vimeo belongs prompted me to go to the group website at http://www.iac.com/ for a more detailed look. There are LOTS of brands listed there –too many to productively list in my answer here.
    It’s interesting that you mention Behance seeking to create a community. The folksy souls at Vimeo claim to be doing the same thing! They’re all about community (allegedly) too, but one does wonder whether that’s not more about encouraging people to share more intimate stuff, rather than really being community spirited.
    The irksome thing about Vimeo keeping copies of EVERYTHING is that they also refuse to provide content from deleted accounts. So they have copies for disputes etc, but not to help people recover content?
    Vimeo also acknowledges that users own the copyright to their content and only licence Vimeo to the extent necessary to share the content with others. They don’t need any more than that.
    Thanks again for your insightful commentary
    Kero
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  • Thanks Kylie,

    I appreciated your very well thought through response to my Vimeo primer. As we've all come to appreciate, reading a terms of service document is akin to a visit to the dentist. These things also run to many pages and the rhizome-like structure of the Vimeo TOS - shooting off into cookies, privacy and other branches makes pulling the whole picture together quite challenging.

    In addition to that complexity, Vimeo adopts a folksy approach to business which flows through the TOS, creating an illusion that they see all this legal stuff as a necessary evil, when in fact it is really all about entrenching them in a very strong position.

    Against that background, your questions have prompted me to consider the issues again. I think the answer to your question re people protesting about Vimeo's tracking and other cookies is this: If they're aware of the issue - as a lot of users are these days - they'll attempt to manage the tracking issue via their browsers. If not, they'll go on in blissful ignorance. People understand they're playing a game with operators of 'free' sites and the odd tracking cookie won't bother them as long as they're getting something in return.. As Brown & Muchira (2004) found, privacy is a tradable commodity.

    Your question about potential warnings re cyberbullying etc is also a good one. I think the providers would tough that one out rather than admit any potential for users to suffer because of their policies. There's too much to be gained from having real people connected to your network (“Online Privacy,” 2013).

    References:

    Brown, M., & Muchira, R. (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research, 591, 62–70.

    Online Privacy: Using the Internet Safely. (2013). Privacy Rights Clearinghouse, Fact Sheet 18. Retrieved from https://www.privacyrights.org/fs/fs18-cyb.htm
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  • Hi! Kero,

    I thought your presentation was designed well and very informative. Initially, Vimeo sounded very exciting giving the user control over their content, until the terms of service. Vimeo’s terms of service and privacy policies are typically New York and very scary in many ways to say the least. To start with, Google’s terms of service are the same in that they do not guarantee availability or reliability of service (Google, 2013). You make a good point on how the Internet law surpasses nation states. Or rather the United States has the monopoly on the law, when you consider Twitter, Google and Coursera can be sued in California and Vimeo in New York. It is very risky to agree letting Vimeo use your data and content “in ways that are not foreshadowed in the terms and service” (Vimeo, 2013). The word foreshadowed, a sign of something that is to come, so you question what is my data going to be used for in Vimeo’s shadowy future? Vimeo’s privacy settings seem to be enforcing Vimeo’s will onto users and set up to confuse so they do not opt-out. If Vimeo can create an iron clad terms of service I am sure they know what they are doing with their privacy settings. Do you think users have complained about this or even aware of Vimeos’ tactics to keep tracking users, as you point out in your presentation?

    Jennifer with her policy primer on Coursera asks the question whether we are being judged in someway for our online activities and we are discussing this further with Callum (Google presentation) if you are interested. I agree with Lyon (2002) that sharing user’s personal information “sees leakage of data from online database to another.” Thus, “facilitates categorization and further surveillance of users” (Lyon, 2002). I agree with you and Lessig( 1998) that tracking cookies, web bugs and other technologies that Vimeo employs “undermines user privacy.” Especially in this case, where Vimeo tracks you, your activities and relationships with other users online and their information. Finally, do you think these companies should place warning notices on defamation, cyberstalking or cyberbullying as a preventative measure? Especially on the sites that want to list your real name?

    References

    Google. (2013). Terms of Service. Retrieved October 20, 2013, from https://www.google.com.au/intl/en/policies/terms/regional.html

    Lessig, L. (1998). The Architecture of Privacy. Presented at the Taiwan Net ’98, Taipei.

    Lyon, D. (2002). Everyday Surveillance: Personal Data and Social Classification. Information, Communication & Society, 5(2), 242–257.

    Terms of Service on Vimeo. (2013, October 15). Vimeo. Online video. Retrieved October 20, 2013, from https://vimeo.com/terms
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  • 1. MY VIMEO PRIMER
  • 2. Vimeo is an online video sharing platform and community….. A cool place to share your stuff….. (“Vimeo,” 2013)
  • 3. VIMEO HAS BEEN THERE SINCE 2004 AND AIMS TO BE A PLACE WHERE PEOPLE RESPECT ONE ANOTHER. (“Vimeo,” 2013)
  • 4. THERE ARE LOADS OF COOL FEATURES EVEN ON THE FREE ACCOUNTS. (“Vimeo,” 2013)
  • 5. MULTIPLE CUSTOMISABLE CHANNELS AND ALBUMS TO SEGMENT CONTENT FOR VIEWER CONSUMPTION (“Vimeo,” 2013)
  • 6. YOU CAN FILTER YOUR VIDEOS TO MAKE THEM AVAILABLE TO YOUR CHOSEN AUDIENCE • Show it to the world, or keep it to yourself • Share it with those you follow on Vimeo • Choose your audience from Vimeo friends • Or use a password to share It’s your choice! (“Vimeo,” 2013)
  • 7. WANT VIEWER COMMENTS ON YOUR VIDEOS? It’s your call! (“Vimeo,” 2013)
  • 8. WANT TO LET PEOPLE EMBED YOUR VIDEO? You decide! (“Vimeo,” 2013)
  • 9. WANT TO LET PEOPLE DOWNLOAD YOUR VIDEO? That’s your choice, too! (“Vimeo,” 2013)
  • 10. WHAT ABOUT LETTING OTHERS ADD YOUR VID TO THEIR ALBUMS OR CHANNELS? Up to you. (“Vimeo,” 2013)
  • 11. IT’S QUICK AND EASY TO ADD A CREATIVE COMMONS LICENCE….. But only if you want to…. (“Vimeo,” 2013)
  • 12. BUT THERE’S A DARK SIDE….. The Vimeo Terms of Service are sobering, to say the least….. (“Vimeo TOS,” 2013)
  • 13. VIMEO WILL NOT GUARANTEE THAT ANY SERVICE OF ANY KIND WILL BE PROVIDED, EVEN TO USERS OPERATING PAID ACCOUNTS. (“Vimeo TOS,” 2013).
  • 14. THE LAWS AND COURTS OF NEW YORK APPLY AND WILL RESOLVE DISPUTES, BUT CERTAIN US LAWS, UN CONVENTIONS AND TRIAL BY JURY SHALL NOT APPLY. (“VIMEO TOS,” 2013) LAW ON THE INTERNET SURPASSES THAT OF NATION STATES (JOHNSON & POST, 1996)
  • 15. VIMEO MAY ASSIGN THE USER AGREEMENT TO OTHER PARTIES, BUT VIMEO USERS MUST OBTAIN APPROVAL FROM VIMEO IF THEY WISH TO DO SO (“Vimeo TOS,” 2013)
  • 16. USERS ARE REQUIRED TO CHECK THE VIMEO WEBSITE REGULARLY, AS COMMUNICATIONS FROM VIMEO TO THE USER MAY BE POSTED THERE INSTEAD OF DELIVERY BY EMAIL (“VIMEO TOS,” 2013).
  • 17. THIRD PARTIES MAY USE VIMEO USER DATA AND CONTENT IN WAYS THAT ARE NOT FORESHADOWED IN THE TERMS OF SERVICE (“Vimeo TOS,” 2013).
  • 18. VIMEO’S OVERALL PRIVACY SETTINGS ARE DIFFICULT TO NAVIGATE AND REQUIRE THE INDIVIDUAL TO READ THE EXTENDED TOS IN ORDER TO OPT OUT.(“VIMEO TOS,” 2013). USERS ARE NOT ENCOURAGED TO OPT OUT. (GOETTKE & CHRISTIANA, 2007)
  • 19. TRACKING METHODOLOGIES ADOPTED BY VIMEO, DATA SHARING AND THIRD PARTY ACCESS TO USER DATA FACILITATES EASY IDENTIFICATION AND SHARING OF USER IDENTITIES AND DATA. (BARBARO & ZELLER, 2006).
  • 20. THE SHARING OF DATA WITHIN AND OUTSIDE THE CORPORATE GROUP THAT OWNS VIMEO (“VIMEO TOS,” 2013) SEES LEAKAGE OF DATA FROM ONE ONLINE DATABASE TO ANOTHER. THIS FACILITATES THE CATEGORISATION AND FURTHER SURVEILLANCE OF USERS (LYON, 2002).
  • 21. THE SEARCH PROCESS WITHIN VIMEO IS CONTEXTUAL, (“VIMEO”, 2013) TAKING INTO ACCOUNT USER PREFERENCES. ONE SEARCHER’S OUTCOMES MAY DIFFER FROM ANOTHER’S (PARISER, 2011) THUS LIMITING THE VISIBILITY OF SOME CONTENT.
  • 22. VIMEO CAN DELETE OR SUSPEND ANY ACCOUNT AT ANY TIME FOR BREACH OF THESE TOS AND VIMEO IS NOT RESPONSIBLE FOR THE LOSS OF ANY CONTENT FOLLOWING DELETION OF AN ACCOUNT. (“Vimeo TOS,” 2013)
  • 23. YOU OWN THE CONTENT THAT YOU UPLOAD TO VIMEO, BUT YOU LICENCE VIMEO TO PERMANENTLY RETAIN COPIES “FOR DISPUTES, LEGAL PROCEEDINGS, OR INVESTIGATIONS” (“Vimeo TOS,” 2013)
  • 24. VIMEO HAS A STRONG POLICY POSITION AGAINST HARASSMENT (“VIMEO TOS,” 2013) BUT ENCOURAGING USERS TO SHARE THEIR REAL IDENTITIES POTENTIALLY THE RISK OF CYBERBULLYING (PATCHIN & HINDUJA, 2006).
  • 25. ADVERTISERS USE TRACKING COOKIES TO PROFILE INDIVIDUAL USERS (“VIMEO COOKIES,” 2013). BEWARE! THESE COOKIES PROVIDE ADVERTISERS WITH RICH DATA FOR TARGETED ADVERTISING (BARBARO & ZELLER, 2006).
  • 26. THE USE OF TRACKING COOKIES, WEB BUGS AND RELATED TECHNOLOGIES IN THE VIMEO SPACE (“VIMEO TOS,” 2013) HELPS CREATE THE ARCHITECTURE THAT POTENTIALLY DEFINES AND SIMULTANEOUSLY UNDERMINES USER PRIVACY (LESSIG, 1998)
  • 27. VIMEO URGES ALL USERS TO USE THEIR REAL NAMES. (”VIMEO,” 2013) THIS ENABLES ADVERTISERS TO ALIGN USER INFORMATION ACROSS PLATFORMS AND DEVELOP TARGETED ADVERTISING (“ONLINE PRIVACY,” 2013)
  • 28. A BASIC ACCOUNT NOT LOGGED INTO FOR 6 MONTHS MAY BE DELETED BY VIMEO (“VIMEO TOS,” 2013) . PEOPLE HAVE TO KEEP LOGGING ON, THUS PROVIDING MORE DATA GATHERING, TRACKING AND ADVERTISING OPPORTUNITIES.
  • 29. VIMEO RESERVES THE RIGHT TO MODIFY THE VIMEO SERVICE AT ANY TIME. (“Vimeo TOS,” 2013).
  • 30. VIMEO “MAY” SHARE YOUR PERSONAL DATA WITH OTHER COMPANIES IN THE GROUP THAT OWNS VIMEO. (“Vimeo Privacy,” 2013).
  • 31. VIMEO DATA IS STORED IN THE UNITED STATES AND WILL BE SUBJECT TO THE DATA PROTECTION AND OTHER LAWS OF THE UNITED STATES. (“Vimeo Privacy,” 2013).
  • 32. VIMEO USES WEB BEACONS – ALSO KNOWN AS WEB BUGS (“ONLINE PRIVACY,” 2013) – TO TRACK USER ACTIVITIES. (“Vimeo Cookies,” 2013)
  • 33. WHEN YOU USE THE VIMEO WEBSITE, YOU CONSENT TO THE USE OF COOKIES. YOU ALSO AGREE TO THE USE OF COOKIES IN ANY EMBEDDED VIMEO VIDEO PLAYER THAT VIEWERS MAY USE. (“Vimeo Cookies,” 2013)
  • 34. VIMEO WILL COLLECT INFORMATION ABOUT VIMEO USERS FROM 3RD PARTIES AND RETAIN SUCH INFORMATION. (“Vimeo Privacy,” 2013)
  • 35. VIMEO MAY COLLECT INFORMATION ABOUT OTHER PARTIES WITH WHOM THE USER MAY COMMUNICATE. NO SPECIFIC PURPOSE IS CITED FOR COLLECTING THIS INFORMATION. (“Vimeo Privacy,” 2013)
  • 36. INFORMATION COLLECTED FROM AND ABOUT USERS MAY BE USED FOR THE UNSPECIFIED “TO MANAGE OUR BUSINESS”. (“Vimeo Privacy,” 2013)
  • 37. SO IN SUMMARY – TAKE YOUR TIME TO READ THE TERMS OF SERVICE
  • 38. Credits & Attributions Image Icon from Free Ribbon Social Media Icons BY designbolts (designbolts.com) licenced under the Creative Commons Attribution 3.0 Unported license. Reference List About Vimeo. (2013). Vimeo. Online video. Retrieved October 24, 2013, from https://vimeo.com/about Barak, A. (2005). Sexual Harassment on the Internet. Social Science Computer Review, 23(1), 77–92. Barbaro, M., & Zeller, T. (2006, August 9). A Face Is Exposed for AOL Searcher No. 4417749. New York Times. New York. Retrieved from http://w2.eff.org/Privacy/AOL/exhibit_d.pdf Brown, M., & Muchira, R. (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research, 591, 62–70.
  • 39. Credits & Attributions continued Reference List (cont.) Goettke, R., & Christiana, J. (2007). Privacy and Online Social Networking Websites. Computer Science 199r: Special Topics in Computer Science Computation and Society: Privacy and Technolog. Retrieved from http://www.eecs.harvard.edu/cs199r/fp/RichJoe.pdf Johnson, D. R., & Post, D. G. (1996). Law And Borders:The Rise of Law in Cyberspace. Stanford Law Review, (1367). Retrieved from http://cyber.law.harvard.edu/is02/readings/johnson-post.html Lessig, L. (1998). The Architecture of Privacy. Presented at the Taiwan Net ’98, Taipei. Lyon, D. (2002). Everyday Surveillance: Personal Data and Social Classification. Information, Communication & Society, 5(2), 242–257.
  • 40. Credits & Attributions continued Reference List (cont.) Pariser, E. (2011, March). Eli Pariser: Beware online “filter bubbles” | Video on TED.com. TED. Online video. Retrieved from http://www.ted.com/talks/eli_pariser_beware_online_filter_bubbles.html Patchin, J. W., & Hinduja, S. (2006). Bullies Move Beyond the Schoolyard: A Preliminary Look at Cyberbullying. Youth Violence and Juvenile Justice, 4(2), 148–169. Privacy Policy on Vimeo. (2013). Vimeo. Online video. Retrieved October 20, 2013, from https://vimeo.com/privacy Terms of Service on Vimeo. (2013, October 15). Vimeo. Online video. Retrieved October 20, 2013, from https://vimeo.com/terms Vimeo Cookie Policy. (2013). Vimeo. Online video. Retrieved October 20, 2013, from https://vimeo.com/cookie_policy

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