When you post on Twitter(1) or Bluesky(2) you grant them a broad perpetual license to use, modify, and sublicense your content. You effectively make them co-owners of your content. They can mine it and monetize it. They can even sell it. When you post on Mastodon(3) most instances take no license at all. That's right, they tell you what they are doing with your content—storing posts and delivering them—but no license.

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#twittermigration #TermsOfService #PrivacyPolicy #ContentLicense

Twitter and Bluesky (and almost all corporate social media providers) say they need a broad license to do what they do. But the truth is that they don’t need a license to publish your content—or they could take a much more limited publishing only license—but they don’t because the way they make money is processing your content, profiling you, and selling information about you to ad tech companies. For this they need to co-own your content.

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#twittermigration #ContentLicense #Bluesky

So it’s up to you whether you want to give away licenses to your content. You have been led to believe that the necessary cost of using internet services is to give away a broad license. It’s not, you have options.

(1) Twitter Terms of Service: https://twitter.com/en/tos
(2) Bluesky Terms of Service: https://staging.bsky.app/support/tos
(3) Mastodon Privacy Policy (mastodon.social): https://mastodon.social/privacy-policy

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#twittermigration #ContentLicense #TermsOfService #PrivacyPolicy #Bluesky

Twitter Terms of Service

Read Twitter’s Terms of Service to understand the rules governing your access of all Twitter services.

@mastodonmigration
I just can't get past it's owned by Jack.  "Screw me once, shame on you.  Screw me twice ...."
@mastodonmigration Thank you for this - however the buzz so far is leading me to fear that Bluesky will end up being the birdsite replacement. I'd hoped this surveillance-free space could have been made more #BlackTwitter friendly & easier on the hands for us RSI folks before a strong contender came out...

@mastodonmigration @Bam Yes. Shoehorning everything to the copyright licensing & ownership model is a narrative that is widely spread over most of the west at least.

There are no in-betweens, up to the point that people have difficulty even discussing alternatives, because the language and terms for alternatives is foreign and difficult to them.

Ownership equal success in the grand narrative. And people have no problem giving it away because they think it is a given.

@mastodonmigration Can I ask what happens when we deactivate our Twitter account? Does #ElonMusk lose all rights to monetize any tweet ever or just lose the ability to monetize future posts? If the latter and we've already tweeted half a million times over a decade or two will deactivation not be too late? I genuinely don't know how this will work. I can't persuade anyone until I know how to answer this question.

@TomDelargy Here is the information that Twitter provides on Deactivating/Deleting your account: https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-account

Note: "Deactivating your account does not remove data from Twitter systems."

No mention of the expiration of the content license.

#twittermigration #ContentLicense

How to deactivate your Twitter account | Twitter Help

Deactivation puts your Twitter account in a queue for permanent deletion. Find out how to delete your Twitter account.

@mastodonmigration Thanks. This is helpful. But if there's ambiguity on what powers #ElonMusk retains over our pre deactivated data we should try to get to the bottom of this. Maybe there are loopholes that will allow us to take legal action against him. But that only works if we know how he is interpreting existing rules and what lawyers tell us about whether he's breaking the law with this interpretation. My guess is once deactivated he can't monetize what we tweeted. But I'm no lawyer.
@mastodonmigration Another thing. If we get legal assurance that from the time we deactivate our accounts #ElonMusk loses all ability to monetize our data, that gives existing members an incentive to deactivate sooner rather than later. So we need to find out what our rights are if we want to accelerate migration from his site to Mastodon.
@mastodonmigration Getting info about what #ElonMusk intends to do with our data after we've deactivated is very important. But the fact #BlueSky is just starting means we can stop #TwitterMigration refugees setting up stall there, so increasing the ratio coming straight to #Mastodon.
@mastodonmigration Another thing we should stress if #ElonMusk insists all tweets prior to deactivation belongs to him to use any way he wants is not only did most of us not read the terms and conditions, but even those who did couldn't have foreseen the site would be sold to someone like #ElonMusk. Emphasizing the change introduced by him gives us a lot more clout. Twitter has changed dramatically between the pre and post Musk eras. Lawyers can make a big deal about this to undermine Musk.
@mastodonmigration if fact you are twisting the TOS. In order for them to operate, they need to be able to promote the app. That means, they will take screenshots of Bluesky, which will include users’ content. That said, they have explicitly told us community that if we are using our content in a way we disapprove of, please we can email them

@monbrielle @mastodonmigration exactly; this is the same moral panic that happens every time people look at the same boilerplate text in every terms of service for every social media platform ever and decide to flip their shit about something they don't understand

it's been going on since two thousand and fucking fifteen, and it's still going on today https://www.techdirt.com/2015/11/02/stop-freaking-out-about-snapchats-terms-service-you-read-it-wrong/

Stop Freaking Out About Snapchat's Terms Of Service; You Read It Wrong

This seems to happen every year or so with tech companies that involve hosting photos: people totally misreading terms of service completely freak out that the company is claiming copyright on thei…

Techdirt

@takelgryph @monbrielle Not all Terms of Service are the same. Mike Masnick is right about the Snapchat terms in the article, and the important reason is the limitation [emphasis mine]:

"We will use this license for the LIMITED PURPOSE of operating, developing, providing, promoting, and improving the Services..."

Twitter and Bluesky do not so limit their licenses effectively giving them a co-ownership of the content.

#twittermigration #ContentLicense

@takelgryph @monbrielle That said, social media companies are afforded broad protections against people suing them for publishing their content (Section 230), and the fact that "everyone does it" does not mean that it is necessary. Corporations do it because they can. They have convinced you that giving them a license is OK. If you are cool with that, go ahead, but you do have the option of not giving up rights to your content by posting on Mastodon.

#twittermigration #ContentLicense

@mastodonmigration @takelgryph @monbrielle A comment of the Techdirt post noted that the term "non-exclusive" is missing, so I think the wording could be due to how Snapchat is a closed system (you must use the official apps to access content) not discoverable to the wider net (think webpages), so they can limit the scope whereas others just can't legally do that. Also, privacy policies still govern what the companies can do with your data.
@monbrielle @mastodonmigration why would they „need“ to make screenshots with real customer content for their promotions?
It might be more convenient, but they could just as well use their own accounts or ask the author of the message/image/video for explicit permission, the same way news agencies (should) do when reusing videos or
Images from social media posts.

@monbrielle @mastodonmigration

They clearly don't need it.

There are apps that don't do this and operate just fine. The original post is pointing this out.

@monbrielle @mastodonmigration As someone who works in this part of the industry, I can tell you it's entirely possible (in fact, usually preferable) to market an app/service and the way its UI looks without using actual live user content. There might be other reasons for this licence being needed, but this aint it.
@mastodonmigration I’ve always said that FB aren’t in the social media or even the tech business but in the ad business

@beatzai @mastodonmigration

I have seen a report from the EU Commission on new rules for what they label the Metaverse, backed by their GDPR. It's a combination of VR and Social Media.

Good luck finding current info via US-based search engines. The whole feel of this web-page is different with easy checks on such things as tracking permission. There is a link to the PDF of the conclusions.

https://citizens.ec.europa.eu/virtual-worlds-panel_en

Virtual worlds panel

What vision, principles, and actions should guide the development of desirable and fair virtual worlds?

European Citizens’ Panels

@mastodonmigration

Quite true. They are never truly altruistic.

@mastodonmigration I sense a bit of FUD here. None of the ToS excerpts in the first post say anything about those services co-owning your content. I highly doubt that Twitter or Bluesky claims even partial ownership of the content you upload. (Otherwise why would they need a license?) And I'm pretty sure it *is* against the law (at least in the US and other jurisdictions with similar copyright laws) to operate a service like Twitter/Bluesky/Mastodon without obtaining a license to do certain things with the content, in particular making copies and distributing those copies.
@diazona A license is different from "ownership" of the content. You own the copyrite, but you give them a broad license to the content. What they get depends on the terms. In the case of Twitter and Bluesky, the license terms are very broad, giving them "effectively" co-ownership. But you are right, they do not own the content, just a perpetual license to it. It is not against the law to not have a license. That is just what they want you to think. Most Mastodon instances do not take licenses.
@mastodonmigration OK I suppose you can call it "effective" co-ownership - I wouldn't, but that's not important. But in the toot I was replying to it said simply "co-own your content". Nothing about "effective". That's misleading. And on the other point: can you offer anything to support your claim that it's not against the law to do what Twitter/Bluesky/Mastodon do without having a license to the content that users post? (Assuming I understood correctly that that's what you meant?) I'm referencing a specific law (https://www.law.cornell.edu/uscode/text/17/106) that those activities violate; what's the counterargument?
17 U.S. Code § 106 - Exclusive rights in copyrighted works

LII / Legal Information Institute

@diazona Thanks, sorry for the confusion. The post you replied to is 2/3 in a thread in which the top post says: "You effectively make them co-owners of your content." The sentence in 2/3 relates to that previous context, but it is not as clear as it should be. Secondarily, not sure, but the rationale could be along the lines of it being you that is reproducing the copies by posting your content. Mastodon may simply be the technology you are using to do so.

#twittermigration #ContentLicense

@mastodonmigration Ah, I see. Yeah, it wasn't clear to me that that statement was meant to be interpreted in the previous context; sorry about the misunderstanding. (1/2)

@mastodonmigration On the idea of you (the poster) being the one who is reproducing the content: that's an interesting angle but not one that I've ever seen put forward in my prior reading about copyright. The conventional interpretation is that you, the author, distribute a copy of your content to the website operator, e.g. the Mastodon server owner. The website operator will then choose to make additional copies of that content and distribute those copies to other people, e.g. end users or other server owners. The software of Mastodon/Twitter/Bluesky are simply means of making and distributing all those copies. I suspect it'd be a bit tough to argue that you (author) are the one making and distributing all the copies, because it's the site operator, not you, who is choosing who gets a copy. Dunno if things would be different from a legal perspective on a site with fine-grained access controls. (2/2)

#ContentLicense

@mastodonmigration Seems like the people I see on BlueSky don’t seem to care about any of that.
@mastodonmigration That bluesky policy is insane!
@mastodonmigration yes! I'm mastodon permanently! Well like until they ban me anyway 🤣🤷‍♂️
@mastodonmigration also nazis, don’t forget nazis
@mastodonmigration Is there a copyright associated with the content posted on Mastodon. Or is that public. Sorry I have no understanding of these.

@the100rabh Yes. You have a copyrite to things that you publish on social media. You own the content. The issue under discussion here is that when you publish on corporate social media, by their Terms of Service, you also grant them broad license to your content, so for all intensive purposes they own it too.

#twittermigration #ContentLicense

@mastodonmigration That is how they monetize. You are the product...
@mastodonmigration
Thanks.
And this is why I won't be using Bluesky.

@mastodonmigration Here in Europe, personal data includes any information relating to an identified or identifiable natural person. This means that even the most basic contact information, such as business card details or simply a name and email address, falls under the General Data Protection Regulation.
It's why Facebook, for instance, has been fined millions of euros.

I hope the U.S. will follow suit.

@adrianmorales @mastodonmigration
I bet the Tories here in the UK will use Brexit to back out of that if they haven't already and we haven't been told.
@AutisticMumTo3 @adrianmorales @mastodonmigration Yes, as of #brexit you are entirely unprotected by EU regulations, whether they concern data privacy (GDPR), food safety, or any other. The Tories will not use brexit to back out, they have used brexit and have backed out. Sorry.

@js @AutisticMumTo3 @adrianmorales @mastodonmigration

Apart from all the EU regulations that were enshrined in national law, being how EU regulations typically work. The Data Protection Act 2018 did that for GDPR, and it didn't disappear with brexit because DPA 2018 is a UK law.

This is why the Tories were pushing the Retained EU Law (Revocation and Reform) Bill rolling back all the EU regulations that got written into UK law.

@mastodonmigration Not even sure this is legal in some European countries.

@mastodonmigration

I read Twttr's t's&c's last year.

@mastodonmigration as an artist this is why I only put new work on here
@mastodonmigration Does anyone remember Mewe? Perhaps if we stop giving Bluesky oxygen, it'll go back to being known as just another supermarket.
@mastodonmigration When I and a bunch of other friends on Tw were looking at moving last fall the TOS doc from here scared the hell out of people as well. Enough that if what I heard was true, that it was edited.
@mastodonmigration No surprise there; Vectorial Capitalists are gonna Vectorial Capitalize (reference to McKenzie Wark - who I didn't find on Mastodon yet, someone invite her, please!).
@mastodonmigration Wow, blue sky's is almost worse than Twitter's.
@jackemled @mastodonmigration Particularly because I didn't see "perpetual" or "irrevocable" in the excerpt of Twitter's terms.

@jackemled @mastodonmigration In particular, compare to this provision of Itch.io's publisher terms establishing revocation of copyright license through delisting:

"If you choose to remove your content from the Service, this license [to the Company to distribute your work] shall terminate within a commercially reasonable time after you remove your content from the Service."

@mastodonmigration guess there will be no copyright claims for generative AI training on tweets! Who still thinks #EMuskovy under paid for #Twitter ? Just something to think about for those still using that #SnakePit

#TwitterMustDie

@mastodonmigration And the only claim part ownership if there is a profit but they will deny even seeing it if it brings a lawsuit
@mastodonmigration Jack already screwed up the social media by selling Twitter to Musk. We don't need anything else from him.
@mastodonmigration These are the terms set by the company if you want to initiate an account with them. If you do not agree, then do not initiate an account. #AI is going to scraping all content anyhow, so I think that will be the battle to watch with a bucket of popcorn. This is the first time in 12 years I am seeing people cutting #socialmedia accounts and not looking back. Possibly post pandemic backlash, but also government snooping.
@mastodonmigration @jaycie I’m as wary about bluesky as anyone else but this is yet another iteration of “this part of our TOS is necessary because this is how the Internet works.” Yes the wording seems overbearing. Lawyers make them write it overbearingly, because of copyright law and fear of lawsuits.
@fluffy @mastodonmigration These are very different in terms of degree, though. The "co-owner" comparison is apt. And we don't have to tolerate so much overreach just because VC social media has normalized it, either.
@jaycie @mastodonmigration I mean my point is that it's not bluesky specifically that's awful here, it's the concept of letting companies hold on to your shit in the first place