4 ms·

You grant Facebook a nonexclusive sublicenseable transferable licence for all purposes.

nxpnsv 7y ago
Yes, but (a) one can be in pictures without having any agreement (b) fb license cannot grant you rights contradicting swiss law (my assumption, neither lawyer or swiss), ...
- billiam 7y ago
  I believe slips this knot by making any uploader responsible for securing rights from every person in any picture they upload, no?
- anticensor 7y ago
  You are not supposed to upload pictures showing non-users. Facebook upload wizard clearly tells you that.
  - webmaven 7y ago
    How is Facebook supposed to enforce that? I suppose they could use facial recogniton to prevent those uploads...
Tarq0n 7y ago
Licensing and processing are entirely orthogonal rights. The former does not grant the latter under the GDPR framework.
- bryanrasmussen 7y ago
  Does the GDPR apply to Switzerland though?
  - mschilliger 7y ago
    No, only European Union
    - nihonde 7y ago
      Actually, it’s more nuanced than that. GDPR applies anywhere if you offer a service in the EU or monitor EU subjects’ behavior in the EU. (PDF link) https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_3_2018_territorial_scope_after_public_consultation_en_1.pdf https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...
    - anticensor 7y ago
      It is not subject to GDPR, but Switzerland implements everything in GDPR by themselves. Ukraine, former Yugoslavia, and Turkey do the same.
      - feanaro 7y ago
        Parts of former Yugoslavia are actually in the EU (Slovenia, Croatia).
        anticensor 7y ago
        I meant the parts that are not in EU, such as the Republic of Serbia (which is different from the Serbian Republic).
Youden 7y ago
Copyright and data protection are separate issues and even so, FADP doesn't let people off that easily. From the same article 4: > Personal data may only be processed for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law. > The collection of personal data and in particular the purpose of its processing must be evident to the data subject. Note that it adds the qualifier "for the purpose indicated at the time of collection". I don't think there's a realistic argument that Facebook's UI indicates or makes evident, at time of uploading/posting a photo, that the photo can be used by third parties performing facial recognition. And then, even if you give Facebook consent to do certain things, that consent does not extend to third parties scraping it.

Yes, but (a) one can be in pictures without having any agreement (b) fb license cannot grant you rights contradicting swiss law (my assumption, neither lawyer or swiss), ...

billiam 7y ago
I believe slips this knot by making any uploader responsible for securing rights from every person in any picture they upload, no?
anticensor 7y ago
You are not supposed to upload pictures showing non-users. Facebook upload wizard clearly tells you that.
- webmaven 7y ago
  How is Facebook supposed to enforce that? I suppose they could use facial recogniton to prevent those uploads...

Tarq0n 7y ago

Licensing and processing are entirely orthogonal rights. The former does not grant the latter under the GDPR framework.

bryanrasmussen 7y ago
Does the GDPR apply to Switzerland though?
- mschilliger 7y ago
  No, only European Union
  - nihonde 7y ago
    Actually, it’s more nuanced than that. GDPR applies anywhere if you offer a service in the EU or monitor EU subjects’ behavior in the EU. (PDF link) https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_3_2018_territorial_scope_after_public_consultation_en_1.pdf https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...
  - anticensor 7y ago
    It is not subject to GDPR, but Switzerland implements everything in GDPR by themselves. Ukraine, former Yugoslavia, and Turkey do the same.
    - feanaro 7y ago
      Parts of former Yugoslavia are actually in the EU (Slovenia, Croatia).
      - anticensor 7y ago
        I meant the parts that are not in EU, such as the Republic of Serbia (which is different from the Serbian Republic).

Youden 7y ago

Copyright and data protection are separate issues and even so, FADP doesn't let people off that easily. From the same article 4: > Personal data may only be processed for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law. > The collection of personal data and in particular the purpose of its processing must be evident to the data subject. Note that it adds the qualifier "for the purpose indicated at the time of collection". I don't think there's a realistic argument that Facebook's UI indicates or makes evident, at time of uploading/posting a photo, that the photo can be used by third parties performing facial recognition. And then, even if you give Facebook consent to do certain things, that consent does not extend to third parties scraping it.