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TO PIN OR NOT TO PIN

NET303 Policy Primer on Pinterest
by

Candice Campbell

on 18 October 2013

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Transcript of TO PIN OR NOT TO PIN

TO PIN OR NOT TO PIN

OKAY THEN, HOW ABOUT THIS...
NOW, ITS TIME TO GET DOWN TO THE REAL NITTY GRITTY ACCORDING TO TOS - COPYRIGHT INFRINGEMENT.
ON THE SURFACE, PINTEREST IS JUST WHAT YOU’VE BEEN LOOKING FOR
IF (LIKE MOST OF US) YOU DIDN’T, THEN IT’S ABOUT TIME YOU DID!
SO WHAT HAPPENS IF A COPYRIGHT OWNER DECIDES TO SUE?
FUN LOVING
CREATIVE
A PLACE TO STORE AND SHARE ALL THE THINGS YOU LOVE :)
BUT HOW WELL DO YOU REALLY KNOW PINTEREST?
DID YOU CAREFULLY READ AND UNDERSTAND THE TERMS OF SERVICE BEFORE ACCEPTING IT?
THE TERMS OF SERVICE (OR TOS AS WE LIKE TO CALL IT) GOVERNS YOUR ACCESS TO, AND USE OF, PINTEREST (Pinterest, 2013).
AND IF YOU DON'T AGREE TO IT, YOU CAN'T USE PINTEREST.

THAT'S RIGHT, YOU CAN GET LOST.
BUT IF YOU DO AGREE, YOU ARE GRANTED “A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, AND REVOCABLE LICENSE TO USE OUR PRODUCTS." (Pinterest, 2013)
SO PINTEREST TAKES NO RESPONSIBILITY FOR YOUR CONTENT!
AND THAT'S NOT ALL
BY AGREEING TO TOS, YOU GRANT PINTEREST THE RIGHT TO REMOVE OR MODIFY YOUR CONTENT “FOR ANY REASON.” (Pinterest, 2013)
AND WHAT HAPPENS TO YOUR CONTENT IF YOU DECIDE TO LEAVE PINTEREST OR IF PINTEREST DECIDES IT'S TIME FOR YOU TO LEAVE?
TOS STATES THAT “PINTEREST HAS ADOPTED AND IMPLEMENTED THE PINTEREST COPYRIGHT POLICY IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT.” (Pinterest, 2013)
THAT’S GREAT, BUT HOW DOES IT PROTECT YOU IN A SITE THAT’S SOLE PURPOSE REVOLVES AROUND ONE THING – AGGREGATING THIRD-PARTY CONTENT? (Jarvis, 2012)
THEN YOU'RE IN A SPOT OF BOTHER.
ITEM 7, ACCORDING TO TOS, STATES THAT “YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PINTEREST AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, SUITS, PROCEEDINGS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES (INCLUDING COSTS OF DEFENSE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES), IN ANY WAY RELATED TO (A) YOUR ACCESS TO OR USE OF OUR PRODUCTS, (B) YOUR USER CONTENT, OR (C) YOUR BREACH OF ANY OF THESE TERMS.” (Pinterest, 2013)
THE NEXT TIME YOU PIN SOMETHING
THINK ABOUT WHAT YOU HAVE READ HERE TODAY AND ASK YOURSELF
IS IT WORTH IT?
Based on Jim Harvey's speech structures
MEET PINTEREST
ADDICTIVE
“TOOL FOR COLLECTING AND ORGANIZING THE THINGS YOU LOVE”
(Pinterest, 2013)
SOUND FAIR?

LET'S DIG A
LITTLE DEEPER...
SOUNDS AWESOME...

BUT (AND THERE IS GENERALLY ALWAYS A BUT)...

BY AGREEING TO TOS, YOU ALSO HAND OVER...
“a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing, and using the Pinterest Products” (Pinterest, 2013) to Pinterest and its users.
SO PINTEREST CAN DO WHAT IT LIKES WITH YOUR CONTENT AND YOU HAVE NO SAY IN THE MATTER.
STILL SOUND FAIR?
“FOLLOWING TERMINATION OR DEACTIVATION OF YOUR ACCOUNT, OR IF YOU REMOVE ANY USER CONTENT FROM PINTEREST, WE MAY RETAIN YOUR USER CONTENT… AND … CONTINUE TO USE, STORE, DISPLAY, REPRODUCE, RE-PIN, MODIFY, CREATE DERIVATIVE WORKS, PERFORM, AND DISTRIBUTE ANY OF YOUR USER CONTENT THAT OTHER USERS HAVE STORED OR SHARED THROUGH PINTEREST.” (Pinterest, 2013)
IN SIMPLER TERMS, YOUR CONTENT REMAINS WITH PINTEREST AND THEY CAN DO WITH IT WHAT THEY PLEASE – EXCEPT SELL IT – THAT CLAUSE WAS REMOVED IN MARCH 2012 FOLLOWING USER OUTRAGE. (Lunden, 2012)
SO ASK YOURSELF, WHO REALLY OWNS YOUR CONTENT ON PINTEREST?
PUT SIMPLY -
IT DOESN’T!

REMEMBER?

PINTEREST TAKES NO RESPONSIBILITY FOR YOUR CONTENT.
WHICH MEANS THAT YOU ARE “ON THE HOOK (NOT PINTEREST) IF SOMEONE IS SUING FOR VIOLATIONS."
(Mellow, 2012)
ACCORDING TO TOS, YOU RETAIN ALL THE RIGHTS TO THE CONTENT YOU PUT ON PINTEREST BUT, YOU ARE ALSO SOLELY RESPONSIBLE FOR IT. Pinterest, 2013)
SO LET'S LOOK AT YOUR CONTENT ON THE SITE?
SO NOW THAT YOU KNOW THE FACTS...
REFERENCES
Jarvis, J. (2012, March 5). Pinterest's Popularity Soars, But (P)Interesting Copyright Questions abound. Retrieved September 30, 2013, from Trademark and Copyright Law: http://www.trademarkandcopyrightlawblog.com/2012/03/pinterests-popularity-soars-but-pinteresting-copyright-questions-abound/

Lunden, I. (2012, March 12). Pinterest Updates Terms of Serice As It Preps An API And Private Pinboards: More Copyright Friendly. Retrieved September 25, 2013, from Tech Crunch: http://techcrunch.om/2012/03/24/pinterest-terms-api-copyright/

Mellow, G. (2012, March 16). The Promise and Perils of Pinterest. Retrieved October 2, 2013, from http://blogs.scientificamerican.com/symbiartic/2012/03/16/the-promise-and-perils-of-pinterest/

Pinterest. (2013). About Pinerest. Retrieved September 25, 2013, from Pinterest: www.about.pinterest.com/

Pinterest. (2013). Terms of Service. Retrieved September 30, 2013, from Pinterest: http://about.pinterest.com/terms/

Ripoll, L. (2013, May 6). We’re on Pinterest! Check us out!! Retrieved October 2, 2013, from Mixed Chicks: http://blog.mixedchicks.net/were-on-pinterest-check-us-out/
Policy Primer by Candice Campbell
(Ripoll, 2013)
Once you agree to TOS, "Pinterest allows you to post content, including photos, comments, and other materials." (Pinterest, 2013
FURTHEMORE, IF YOUR ACCOUNT IS TERMINATED, "YOU CONTINUE TO BE BOUND BY SECTIONS 2 AND 6-12 OF THESE TERMS." (Pinterest, 2013)
AND FINALLY, (AND THIS IS ALL IN CAPS IN TOS - SO IT IS VERY IMPORTANT)
"PINTEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00)." (Pinterest, 2013)

THAT'S RIGHT, THEY ARE NOT LIABLIE FOR...

ANYTHING.
Before you can start pinning, TOS states that "you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf." (Pinterest, 2013)
THIS IS IMPORTANT AS SOMEONE NEEDS TO BE ACOUNTABLE IN THE EVENT THAT SOMETHING 'GOES WRONG'.
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