Question about Fido Internet Terms. Item 16, Your Content.

Question about Fido Internet Terms. Item 16, Your Content.

Question about Fido Internet Terms. Item 16, Your Content.

SOLVED
I'm a Contributor Level 1

Question about Fido Internet Terms. Item 16, Your Content.

Hello,

 

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.

 

Thanks!

Accepted Solution

Re: Question about Fido Internet Terms. Item 16, Your Content.

Solved by Former Moderator FidoKevin

Hey @c4rson! How are you today? Smiley

 

We've looked into this clause and here's what things boil down to Smiley

 

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! Smiley

 

Hope this clarifies things :)!

 

 

 

 

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9 REPLIES 9
I'm a Contributor Level 1

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. Sad

Your Content

  1. You grant us the following world-wide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:
    • With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
    • With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.
      “Publicly accessible” areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.

 

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.



I'm a Contributor Level 1

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?  

 

 

I'm Qualified Level 2
I'm Qualified Level 2


@cars0n wrote:

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? Smiley

 

You will find such a clause in every ISP. Actually, you might want to take a look at Facebook's terms...

I'm a Participant Level 2

Thank you for guessing, but I'd really like a rep from Fido to answer this.

 

My user name changed as I had to create a new account for Fido Internet.

 

 

 

Hey @c4rson! How are you today? Smiley

 

We've looked into this clause and here's what things boil down to Smiley

 

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! Smiley

 

Hope this clarifies things :)!

 

 

 

 



I'm a Participant Level 2

Kevin,

 

Thank you for your reply, that item makes more sense now.

 

I'm really enjoying your internet, the speed is so fast comprared to the DSL I had before for the same price!

That's great to hear, c4rson!

 

Happy to see your enjoying your internet service! Smiley



Hi @cars0n!

 

Let me look into that for you. Smiley I'll get back to you ASAP.