In February 2007, Eric Auchard who coordinates Reuters’ technology news coverage, worldwide reported that Netscape co-founder Marc Andreessen was to tackle social networking with his latest start-up company Ning. Ning provides free tools that allow users to build their own social networking sites. Some 75000 social nets have been created on Nig.
What Eric Auchard did not comment on was the fine print of the terms that pretty much gives NIng.com control over the content we submit.
Presently, the Ning Terms Of Service state “By uploading Content to a Network in which the Content is designated as Public Content, you grant to Ning and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).”
This license gives Ning and Ning users the rights over any content we submit. Content being user profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the Ning Platform.
I have a problem with terms that state that anyone can create derivative works from my content.
Once we post any content to any Ning network , Ning or users can do what they want with it, throughout the world, without paying us.
I noticed that many writers/authors also use the service and I bet they are not even aware of these unfair terms.
If an author were to submit a piece of writing to the network, anyone could create a derivative work from that story without compensation to the original author.
If you recall Myspace change their terms and conditions after songwriter Billy Bragg withdrew his songs from the website in protest.
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8 responses so far ↓
Wrote: Aug 6, 2007 at 5:59 pm
Another reason to steer clear of social networking sites.
Nice to see you’re still around, Rose!
Wrote: Aug 6, 2007 at 6:27 pm
Hi Rose,
In fact the terms of service state that you can apply any license you wish to pieces of content that you contribute to a network on Ning. If you don’t apply a specific license, then the default license (”Public Content License” for public networks and “Private Content License” for private networks) applies. The Public Content License grants “all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content.” On a private network, those same rights are limited to Users and uses within the private network itself. Ning doesn’t assert any rights over your content at all apart from what we require technically to make it available on the platform, and as a content creator you can license your content in any way you see fit.
Wrote: Aug 6, 2007 at 7:26 pm
Phil, it states on Ning that “Content means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the Ning Platform or through any Network.”
Are you telling me that every time I write a blog post, upload a photo, post to the forums etc I must apply a license to my work? You have to be joking?
If I recall Phil you stated in another post “By default though, content uploaded to a public network is licensed under a Public Content License.”
The public Content License allows for users to create derivative works from other users content.
The terms are pretty unclear, but it appears that even if I added a license to everything I post on Ning- which is impossible- Ning terms would over rule my license.
Wrote: Aug 6, 2007 at 8:00 pm
Rose, you need only assert the rights as you want them to be defined; something like “All contributed content © {your name here}” or “All contributed content made available under Creative Commons Attribution-NoDerivs” in the text box on your profile page should suffice. The Public or Private Content License is the default, yes. If you add a license to the content that you contribute here, that content is governed by that license; rather than overruling your license, the Ning terms explicitly enable your chosen license.
Wrote: Aug 6, 2007 at 8:13 pm
Phil, Why do you have to offer a default license that allows users to create derivative works from other users content.
I bet you the 75000 social networks that have been created on Ning and every user who belongs to a network are unaware that Ning or any user can create derivate works from their content unless they create a Creative Commons Attribution-NoDerivs” in the text box on their profile page.
Why don’t you create a license that is more fair to authors, artist and photographers?
Wrote: Aug 6, 2007 at 10:23 pm
Hi Rose,
I don’t think you can get any fairer than letting people choose the appropriate license for their content. It’s also important to point out that the license only applies within the Ning network; outside of Ning no licensing rights are asserted at all.
As I said on the Network Creators post on Ning in which you raised the issue, our default license for content matches the license and approach we’ve always taken to the code that we create and provide for Ning applications; we make it freely available for viewing and modification. We think that encourages learning and creativity and interesting new things. If you don’t like or agree with the default license, you can assert another license that restricts or tailors the kinds of thing that can be done with your content on Ning or within a specific private network.
Wrote: Aug 7, 2007 at 12:29 am
Phil, I’ll stress that I assume many are not aware of the license that allows one to create derivative works from other users content.
I also see that some users have the same concerns as me and I noticed that some have brought it up on networkcreators.
With many of us asking the same question don’t you think it is time you changed the terms or made them clearer.
I just signed up for a ning network and they have the same terms on sign up.
I believe that I have brought up a value point. I don’t feel comfortable putting anything on this public site and hopefully others will pay close attention to what in my opinion I feel is a right grab in your terms.
‘Maybe Marc Andreessen will have something to say regarding the terms.
Thank you for dropping by and commenting, but I’m not sure what more there is to say at this point.
Wrote: Aug 7, 2007 at 8:32 pm
I was thinking of joining Ning. I am not now. I would remove myself from any networking site that had such terms.