I recently signed up for Fido Home Internet and have read over the terms. Item 16, Your Content, doesn't make sense to me, maybe I don't understand it correctly.
It seems like any media content I upload, which I own the copyright for, Fido automatically gets a royaly-free, non-exclusive licence to reproduce, modify, adapt, publically perform the content.
Does this mean Fido can use my public material how ever it wants? If not, can you please clarify the intent of Item 16, and try and use plain english.
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OMG, you even opened that cute little thick book to read the terms and conditions?:smileyindifferent: I am gald to meet you.
I took that little book in my hand and wished it was rather a manual; detailing each feature that the router provides.
That clause sound terrifying though, as if anything passing through Fido's cables -- the Company reserves the right to use it for its purpose. Kind of scary for the photographer and videographers.
From my understanding it looks like if you post or upload something that is accessible by the general public Fido can use it without permission only for what it was intended but if you remove it then they can not use it anymore.
Hopefully someone can clarify the bit about only for what it was intended, or "solely for the purpose for which it was made available". If I upload a picture to Facebook, can Fido use it in an advertising campaign? Can Fido post my material to another website?
(Disclaimer: I am not a lawyer. But since in the end, only a judge's opinion matters, here goes anyway...)
Short answer: no.
Long answer: in that specific case, Facebook is not part of Fido's "the Services" to begin with, so that term item is irrelevant. Second, technically, Fido never sees your image being transfered because your connection is encrypted between your computer and Facebook. Fido can probably tell that you're on Facebook, but they can't see anything else - not your login, not what you type, not the pictures you tranfer, not even the URL.
Besides, if you put a picture on Facebook, "the purpose for which it was made available" is tied to Facebook; Fido could not use that picture for marketing...
Here's the reason for the existence of that clause: suppose you upload a picture here on the forums. You own the copyright to that picture, but in order for me to see it, Fido has to provide me with a copy (the server reads the file from disk, sends it on the network, where my computer recreates the file - a copy). Without that clause, you could say that you did not give Fido permission to use your copyrighted picture, which would defeat the purpose of uploading that picture to a public forum. You didn't expect reason to be used with lawyers, did you?
You will find such a clause in every ISP. Actually, you might want to take a look at Facebook's terms...
Hey @c4rson! How are you today?
We've looked into this clause and here's what things boil down to
Fido does not have permission to use photos, or any other media you post on your personal social media accounts like Facebook or Twitter. These platforms are not actually considered "public" in this context.
That said, accepting those terms and conditions does give Fido the right to use photos you would post to a public forum, like our community forum here :). For example, if you were to receive an error message related to your Fido services and you took a screenshot and then shared it with us on here, we would be able to use that screenshot to help resolve the issue by forwarding it to the relevant teams. That's it!
Hope this clarifies things :)!