Wednesday, January 07, 2009

The latest outrage in Facebook concerns breastfeeding pictures, and whether or not Facebook should allow them. I'd link to an article, but since it's from the AP, I won't bother. (Because of this.)

Anyway, so I went and had a peek at Facebook's terms of use. First of all, you have to read the Terms.
... you agree not to... upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

However, that's not enough. Under the 15 bullet-points that lists all the things "you agree not to" do, the Terms of Use will send you to another page
Without limiting any of the foregoing, you also agree to abide by our Facebook Code of Conduct that provides further information regarding the authorized conduct of users on Facebook.

Said Code of Conduct provides that
you may not post or share Content that:

- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful


What about breastfeeding? Many would argue that it's certainly not obscene, or pornographic, or sexually explicit.

Maybe they should do what some US court did, and clearly define what body parts are forbidden?

For instance, a US court has decided that "buttocks" would be so defined:
the area at the rear of the body which lies between two imaginary lines running parallel to the ground when a person is standing, the first or top such line drawn at the top of the cleavage of the nates [i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg] and the second or bottom line drawn at the lowest visible point of this cleavage or the lowest point of the curvature of the fleshy protuberance, whichever is lower, and between two imaginary lines on each side of the body, which lines are perpendicular to the ground and to the horizontal lines described above, and which perpendicular lines are drawn through the point at which each nate meets the outer side of each leg. The Ordinance would be violated, therefore, if any portion of this area is visible from any vantage point. (from here)


Or, if this is still not precise enough for you, this should do?
The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the around when a Person is standing the first or ton of such line being 1/2 inch below the ton of the vertical cleavage of the nates (i.e. the prominence formed by the muscles running from the back of the his to the back of the leg and the second or bottom of such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold). and between two imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the around and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each lea. Notwithstanding the above Buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either (i) the left inside perpendicular line and the left outside perpendicular line or (ii} the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (i) that is perpendicular to the around and to the horizontal lines described above and (ii) that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the around and to the horizontal lines described above and (ii) that is 1/3 of the distance from the anus to the right outside line. (the above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.) (source )

***

While there, I spotted some more interesting clauses in the Facebook Code of Conduct. Indeed, you may not
use Facebook to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

I wonder if that includes all these invitations that people send you to take such-or-such a test, or join such-or-such a group. Imagine! Invite-you-friend could violate their terms of use! There IS a god after all!

(I wonder if the annoying quizzes that force you to invite 10 friends before giving you your results still exist...)

[you may not] solicit passwords or personal information from anyone, including those under 18

because those under 18 are usually not concerned by the password-solicitation prohibition? ...

[you may not] use information or content you obtained on the Facebook website or service in any manner not authorized by the Facebook Code of Conduct or Terms of Use
OK, I don't know if I need more legal education, or what, but what does THAT mean? That you may not use the info in the manners prohibited by FB? Or that you may not use any info in any manner UNLESS it's authorized by the FB code? In which case, does the Code authorize ways to use the info?

[you may not] register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
HAHA they haven't specified whose authorization you need.

gosh I'm such a geek.

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