BlogCatalog has finally decided to add a Terms of Use Agreement to their website, but beware of the rights you surrender to BlogCatalog.
BlogCatalog had previously stated that adding a terms of service was not on the top of their to do list. However in a discussion on the BlogCatalog website nine stated “I think you know that we haven’t intentionally left out a terms and conditions and I thank you for bringing it up. Maybe it does need to be more of a priority than we thought.”
An hour later Tony Berkan was in the process of creating a Terms of Service for Blog Catalog. They used MyBlogLog’s TOS to create one for BlogCatalog.
I would suggest those using Blogcatalog pay extra close attention to section six of their proposed terms and conditions that are not quite in place yet.
“BlogCatalog does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BlogCatalog the following worldwide, royalty-free and non-exclusive license(s), as applicable:”
If these terms are put in place, Blogcatalog will have every legal right to distribute, reproduce, modify, adapt any of the content you submit to the discussion area or other areas of the website without compensation to you. That’s what it meant by “granting them a worldwide-royalty free license.”
All they needed to ask for is a non-exclusive electronic rights license.
I brought this issue up to Tony Berkman from BlogCatalog who got rather defensive.
Tony says “To be frank, if you don’t like that clause then you shouldnt be on Blogcatalog nor on MyBlogLog, nor on MySpace or any of the other social network sites. We retain the right to keep all your posts on the site even after a member leaves. We also have the right to redistribute it and repackage it. ”
(Click on thumbnail for larger view.)
There was also some confusion on his part between a Privacy Policy, which normally describes in detail how websites use the private information they collect from users such as your name, mailing address, email address etc and a Terms of Service which outlines acceptance of terms, user conduct, copyright and trademarks etc.
After getting into a heated debate regarding the policy, I found myself unable to log into my BlogCatalog account and my account was disabled.
This is the second time I have had my account disabled.
It was disable the first time for pointing out the similarities between BlogCatalog and MyBloglog.
If you recall last year Billy Bragg had the MySpace terms changed as they were unfair to musicians. MySpace previous terms gave the site far too much control over music that people uploaded to the popular networking site. Their service too included the phrase “a nonexclusive, fully paid and royalty-free worldwide license.”
You can read more about that at Fighting Sights that Highjack Rights.
MySpace did the right thing and came up with a simpler and more defensible set of terms for those using the site.
Let’s hope Blog Catalog does too.
If you liked this post, why not buy me a coffee?Technorati Tags: BlogCatalog, MySpace
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13 responses so far ↓
Wrote: Jul 24, 2007 at 8:00 pm
I’m very sorry for your being banned from BlogCatalog
In the end, BlogCatalog are us, the bloggers forming part of the community, and BlogCatalog will end up doing the right thing, I’m sure of that
Wrote: Jul 24, 2007 at 8:56 pm
How are you so sure? They did not even consider making the Terms of Service a top priority until I put up a fuss. I had their best interest at heart, but where did it get me?
They posted the proposed terms and asked for feedback. I gave feedback and the end result was the suspension of my account?
No offense Jon, but Bloggers like yourself might need BlogCatalog, but I don’t.
Like someone said to me via Email ” They need you more than you need them.” Oh how true!
Wrote: Jul 24, 2007 at 10:36 pm
they have not put up TOS. The post is Proposed Terms of Service. They are asking for input from their members.
Wrote: Jul 24, 2007 at 10:42 pm
I’m aware of that John.
I was a member. I gave input. My account was deactivated for giving input. John did you even read all of my post?
Wrote: Jul 25, 2007 at 1:48 am
I read your post. Somewhat misleading and inaccurate to say that their new TOS is unfair to bloggers when that is their draft version and where they are asking for blogger feedback. They posted a new revised version that appears to take into account many of their blogger’s concerns. I don’t think I have ever seen a company put their TOS out to their user base for feedback. Seems like something to applaud them for.
Wrote: Jul 25, 2007 at 2:05 am
How is my post misleading when I quoted what Tony said? It is not inaccurate. The first draft of their terms was unfair to Bloggers. When I pointed this out, they suspended my account.
Do you not comprehend that? Now there revised terms only request a non-exclusive electronic rights license(s). Is that not what I said on their forums?
Tony states “Please provide feedback. We have gone through and amended the TOS based on previous comments.”
Yeah, my previous comments and guess what? My account is still deactivated.
Wrote: Jul 25, 2007 at 3:53 am
I read what you said, and you do not say it is a draft.
The terms according to the discussions are not finalized (not sure they are still) and you are warning people that blogcatalog is dangerous.
How is that nice ? You are scaring people away from a website over something that hasnt been implemented .
What you wrote perhaps could even been seen as libel. Basically libel occurs when someone writes something false, that is distributed, and the false statement harms someones economic interests.
Anyone reading your post would conclude that these are BlogCatalog’s Actual Terms of Service that will harm them. They would also think that by joining Blogcatalog they are at risk of being hurt. This in turn harms blogcatalog economically as they get less bloggers to their site.
Wrote: Jul 25, 2007 at 9:41 am
I agree with Rose here. If BC was expecting feedback, they also should have a way to respond to the ToS queries in a sensible way. It was quite evident from the ban that they had no answer to her question. Wonder how many other people pointed that out?
Wrote: Jul 25, 2007 at 9:53 am
My discussion on Blogcatalog was deleted after I started link-exchange for my blog. I couldn’t read that rule anywhere because there are not rules written. And discussion was deleted only after 4 days.
And why are link-exchanged banned? Technorati faves are not, Stumbles are not, Diggs are not. Ridiculous.
One more thing. One can not introduce TOS AFTER they gathered large number of members. With same logic they can change TOS in 2008 and enter new rule where every member have to pay $100 for membership or see you in court. Insane. And not ethical.
Wrote: Jul 25, 2007 at 1:22 pm
John, what of proposed terms and if put into place can you not comprehend?
I’m well aware what libel is and this is not even close to libel.
Wrote: Jul 25, 2007 at 1:25 pm
Vijay, what really gets me is that they deactivated my account and then added my suggestion to the proposed Terms of Service.
FFprod, I too had a discussion deleted that was not a request for a link exchange, but an offer for a one way link on my site.
Wrote: Jul 26, 2007 at 8:52 am
This sounds like someone at BlogCatalog needed a cookie. I can’t see why they would have disabled your accound when requesting feedback. If I had cancelled a user’s account whenever they raised a concern in a public forum, my boss would have handed me my a** followed immediately by walking papers.
Wrote: Jul 27, 2007 at 12:48 am
The terms are now in place without my suggestion. The terms ask for a “worldwide, royalty-free and non-exclusive license(s).”
Since placing content on BlogCatalog, grants BlogCatalog a worldwide, royalty-free, and non-exclusive license to reproduce, display, modify, adapt and publish your work in connection with BlogCatalog website, be warned that they can now sell your content or make works derived from your work.