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Thursday, February 14, 2008

Any Elgg users out there?

If you are contemplating transfer of your blog, communities, discussions, feeds, friends list..., and associated online material to the service provider taking over old Elgg accounts from eduspaces.net, you probably ought to have a long hard think on the part of the new service agreement about publicly accessible content:

... [W]ith respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TakingITGlobal the following world-wide, royalty free and non-exclusive license, as applicable:
  • With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
TakingITGlobal,
Terms of Service and Privacy Policy,
7. Materials submitted or made available for inclusion on the service,
retrieved February 14, 2008 (bold emphases added)

I gather that you have until February 27, 2008, to state your preference for migration to the new service by filling out a form when you log in to eduspaces.net. After migration to the new service provider scheduled for the second week of March, if you go for it, the domain will become educatorcentral.org (Eduspaces, personal correspondence, February 12, 2008).

When you login to Eduspaces, you immediately get directed to a form requiring a decision. If you don't decide when you log in, you can carry out no activity in your eduspaces account. If you opt not to migrate; you will "get removed" at the time of the migration (misja, Eduspaces account migration, c. February 8, 2008), or have your "account deleted" (Eduspaces account migration [php form]).

Then links to your account and associated content may become obsolete (as, I suppose, may the links in this post). Thank goodness I haven't invested much in Eduspaces.

3 comments:

  1. Hey Pab,

    Thanks for your comments - in terms of the Terms of Service - we built our terms of service years ago after studying ToS wording from MSN, Yahoo, and Google and with advice from our lawyers.

    Basically, we're just aiming to ensure we have proper permission to publish & translate content from our users. We also provide members on our site with the opportunity of using Creative Commons licensing.

    You'll notice Blogger, which you are using, has a similar provision, worded less verbosely:

    "...grant Google a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Google services for the purpose of displaying and distributing Google services"

    If there is something specific that gives you concern, we'd be happy to review, discuss, and possibly adapt it... we want to welcome and support all Eduspaces users!

    ReplyDelete
  2. Dear Michael,

    Thank you for dropping by and commenting on my post about TakingITGlobal Terms of Service (ToSs) that will soon govern content from Eduspaces users' accounts. I understand that those ToSs conform both with wording that you've found applicable to content among large online service providers such as "MSN, Yahoo, and Google[,] and with advice from [y]our lawyers."

    I appreciate your sharing of a passage from Blogger ToSs to underscore similarities (Intellectual Property Rights, ¶ 2). I realize that they grant a similarly ill-delimited license to Google.

    Yet if you reflect further upon content that I post here, you may note that I use no more than a blog handle or first name here. For example, you've addressed me as "Pab". I note also that you don't publicize your profile in Blogger. In contrast, in Eduspaces (née Elgg), I have posted both my given and family names, and provided other details including a photograph in my profile. Consequent to understanding the ToSs in different online environments, we act accordingly.

    Since you make no claim that either Eduspaces or Elgg imposed such may I say Draconian ToSs on account holders, I take the inclusion of unlimited licensing terms as a severe degradation of both intellectual property rights and privacy expectations. In a nutshell, those are my primary concerns.

    Although you mention in your comment "the opportunity of using Creative Commons [CC] licensing ... on your site," I have detected advice regarding such an opportunity neither in correspondence from Eduspaces regarding the transfer of responsibility for service provisions to TakingITGlobal, nor in the Eduspaces forum dedicated to the transfer (as of the date on the original post here).

    If there is a way of getting from a "No" on accepting TakingITGlobal's ToSs granting TakingITGlobal free licence for unlimited use ad-infinitum, to immediately applying CC non-commercial, attribution-required licensing provisions for public content to be transferred from Eduspaces, please feel free to shed light upon it here.

    Cheers, Paul

    ReplyDelete
  3. This comment comprises a cross-post from the Eduspaces forum that I mentioned both in the original post and in an earlier comment here (Fri Feb 15, 10:09:00 AM JST)

    Since the "Add your comment" field was unavailable to me here [on the Eduspaces account migration forum] yesterday, I [have] collect[ed] my thoughts about the migration in a separate blog post ([pab's potpourri,] Any Elgg users out there?), on which someone named Michael has commented.

    Although I was dismayed by specific provisions in TakingITGlobal's [TITG's] Terms of Services granting TITG virtually unlimited and perpetual rights to all public content from transferred Eduspaces accounts, in a comment Michael asserts that on TITG's site there is "the opportunity of using Creative Commons licensing" (Thu Feb 14, 07:50:00 PM JST [above]).

    Though I've already said "No" to migration to TITG's generic Terms of Service, I await clarification.


    (Eduspaces account migration forum,
    approx. 15 minutes ago)

    Square brackets within the italicized passage above enclose minor revisions and elaborations. The saga continues on other blogs, such as Pontydysgu, too.

    ReplyDelete

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