Interesting take on changing terms of service w/out notification

The courts have said that it’s not acceptable.

The Ninth Circuit disagreed heavily with the original ruling, saying that it was not reasonable to expect Douglas to check the company’s web site every day just to see if the terms of service had changed. “Parties to a contract have no obligation to check the terms on a periodic basis to learn whether they have been changed by the other side,” wrote the judges. “Indeed, a party can’t unilaterally change the terms of a contract; it must obtain the other party’s consent before doing so… This is because a revised contract is merely an offer and does not bind the parties until accepted.”

But what if the original user agreement involved signing away rights to be notified of subsequent changes? There is some question as to whether this ruling would also affect that type of agreement, but as Eric Goldman of the Technology & Marketing Law Blog says, it’s relatively safe to assume that the decision applies to this situation, “despite contract provisions putatively permitting unilaterally posted website amendments which put the onus on users to check back frequently for updates.”

More on ToS at Facebook

Mashable has a post that says it a lot more succinctly than the concerns I was trying to express yesterday. It compares specific quotes from the previous and current TOS. Check it out. A preview:

The possible implications of this TOS change go beyond these concerns. Sure, you can choose not to use Facebook at all, but that doesn’t mean a thing. Someone can still take your photo, slap it on Facebook, and now neither you nor the author of the photo can stop Facebook from using the photo in whichever way they please.

Looking at it globally, millions of people are uploading bits of information on everyone and everything, to a huge online database, and by doing so they’re automatically giving away the rights to use or modify this information to a private corporation. And not only that; they now also waiver the right to ever take it back from it.

Concerns about Facebook’s terms of service rights claims

Facebook’s terms of service changed over a week ago, without them notifying anyone. (It’s like they think they’re a credit card company or something.) Now, they claim they have all rights in perpetuity to any content on the site (previously, it was simply a basic right to post your content here on the site and use in marketing, the latter of which was bad enough).

Note this clause–especially the words “fully paid” and “right to sublicense”:

You are solely responsible for the User Content that you Post on or through the Facebook Service. You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

This means that they think they have a right to my photos and my blog, which I do not grant. Those of you who understand this kind of copyright more than me, what does it mean to you? I mean, I understand that if I post something there, I give them a non-exclusive right to post it THERE, but the idea that somehow that then allows them to sell my content? Not something I’m going to agree with, and I am of a mind to pull all my content off. I’ve already cancelled my blog feed and deleted the pictures from my portfolio.

I find it disingenuos and dishonest at best, even if they say that there are so many people on here and why would they want my content in practice–in reality, it’s my content, the product of my own work, and I own the copyright. I do not grant license to FB to sell my content without my express written permission.

It’s one thing to post things on the internet and know that they will probably be stolen by unscrupulous people who don’t understand or care that it’s wrong, but it’s another to say that by posting something on Facebook, I then say that it’s Facebook’s property. No, not gonna happen.

Any lawyer-type people out there who understand the ins and outs of this kind of law? I’m unsatisfied by the explanation in the article I linked above on The Consumerist.

After weeks of radio silence…

…I am practically spamming the friends boards today. I forgot to mention that next week is Life, the Universe, and Everything, a local convention that is FREE! and always a good learning experience.

Note that Tracy Hickman and his wife, Laura, are the guests of honor, and special guests include my author Rebecca Shelley (who wrote Red Dragon Codex as R.D. Henham), Brandon Mull, Howard Tayler, Brandon Sanderson, James Dashner, Dave Wolverton, and L.E. Modesitt, Jr. I appear to be part of the "and many more!" participating guests (in previous years they’ve posted my name, at least), but I seem to be in good company–those joining me on various panels include such awesome authors as Mette Ivie Harrison, Kristin Randle, Jessica Day George, and another of my authors, Clint Johnson (Green Dragon Codex, also writing as R.D. Henham). I’ll still be on a goodly number of panels (six, to be exact), so if you’re interested in writing science fiction and fantasy–for adults or children–it’s a great place to get some good information without having to pay an entrance fee.

Panels I’ll be on (notice that these times are subject to change, so you’ll want to check the final schedule next week:

Thursday

Noon
Middle-Grade and Young Adult fiction: What is it? Why are so many YA/MG books becoming so popular? What (or who) should you be reading?
(James Dashner, Suzy Gehring, Jessica Day George, Mette Ivie Harrison, Stacy Whitman)

Friday

Noon
Writing Romance
(Lynn Kurland, Lesli Muir Lytle, Laura Hickman, Tracy Hickman, Stacy Whitman, Julie Wright)

2:00 PM
Writing for the YA/MG market
(James Dashner, Jessica Day George, Mette Ivie Harrison, Rebecca Shelley, Brandon Mull, Dan Willis, Stacy Whitman)

Saturday

Noon
What makes a YA/MG book different from a mainstream book? (Note that the word "mainstream" as used here is incorrect, as "mainstream" is actually what would be used for non-genre books, adult or children’s, and the question here is what the difference is between young adult/children’s fantasy and adult fantasy. People cringe from it because they think it sounds nasty, but really, that’s what it is: fantasy fiction for adults.)
(Jessica Day George, Clint Johnson, Aprilynne Pike, Laura Swift, Stacy Whitman)

4:00 PM
Worldbuilding 101: What every beginning writer needs to know
(Kristin Randle, Charlotte Randle, Stacy Whitman, Dan Willis, Anna del C Dye, Larry Correia)

7;00 PM:
Editing dos and don’ts
(Stacy Whitman, Kristen Randle, Greg Park, Roger White)

Hope to see you there if you’re local!

Thoughts on starting a business

I never really thought I’d ever be in a position to start my own business. I never really liked to think about money–growing up, we never had any to worry about, and in college my money management skills were about equal to Wall Street’s current crisis.

But because I didn’t grow up learning those skills, that was the very reason I had to learn them the hard way during my undergraduate years. My first job out of college was at a trade magazine (Electrical Apparatus, the magazine of the electromechanical aftermarket), and that was the best business learning experience I’d had up to that point. I had never really thought about publishing as a business–even when I worked for a newspaper and a phone book publishing company to work my way through college, I thought of the ad sales as simply a necessary evil. But as publisher’s assistant at Barks, I worked in every single department–advertising (display and classifieds), circulation, marketing editorial, writing, photography, and anything else anyone in the very small company (under
10 employees) needed help with.

It was a family business, too, and I saw how the publishers, longtime veterans of the newspaper and magazine industry, worked so hard to serve their readers. I saw how circulation (which was free to those who worked in the industry) affected advertising (advertisers based the value of the ad on how many readers they were reaching), and how advertising and PR pieces affected readership. I saw, of course, how advertising dollars affected how many pages the magazine printed at, and just in general how interconnected the business was.

So fast forward to today. I’m working to promote my critique business a little more by reaching out to various chapters of SCBWI, letting them know about my current discount, and putting together an ad that might work for their newsletters. I have recently realized how important my business card is, and how a unified design among business card, stationary, ads, and website helps to reinforce the message. I’m learning how important it is to make my freelancing a business, and not just work that I do at home, if that makes sense. If I think about it as a business, it gives me specific responsibilities as not only editor but as marketing, PR, and advertising departments. Not to mention the accounting.

I’m lucky to have a sister who used to design ads for a living (she’s now a stay-at-home-mom who is an artist in her free time), who is helping me with the design phase, at least for the print ads.

Now today I’m trying to figure out the website side of things. I’d like to make www.stacylwhitman.com (which currenty redirects here) into a much more informative, easily navigable place, but aside from hiring a web designer (which I have no budget for at the moment), I’m not sure how to proceed. I have a picture in my head how I’d like it to look, but I don’t have the web design skills to make it come to fruition. The last time I made a website, it was the late 90s and I was working in really clunky HTML. 

For example, I’d like it to have navigation tabs at the top that led to information about my photography (which I’ll be integrating into www.stacywhitmanphotography.com rather than at a site currently hosted by a friend, which is no longer active due to a server move), my blog, a page about my critique services, and a page about my submission guidelines as a freelancer–two separate things right now. I’m looking into namelos as a partial guide, and wondering how I might integrate those services so as not to feel as if they’re slightly conflicting.

Suggestions on simple templates might work, though I worry that it might also limit me. I have a friend who’s good at this sort of thing, but he’s pretty busy doing similar things for his brother and other friends, and I’d like to get this going soon on my own if I can figure it out. After all, I’ve got the time right now, if I can figure it out.

So, if you’ve successfully designed your own site with a limited knowledge of advanced web design, perhaps you might be able to point me to links or ideas? Where to start? I’m hosted through 1&1, and I haven’t been able to figure out their included packages at all, but so far they look to be very bare-bones and hard to navigate.

Allowing myself to be zen about the clutter

I’m sitting down in my office for the first time in weeks. I’ve been working all sorts of other places for the last few weeks except for my office, because the office has been a downright terror and it doesn’t exactly soothe me to work in a space that has a tarp on the floor and where the empty bookshelves tell me that maybe I should spend my time unpacking the boxes still sitting by my bed and cluttering up the bedroom.

So the other day, I finally allowed myself a few minutes–literally, only allowed myself a half hour, or I’d work on it all day and accomplish nothing else–to organize the office and unpack the books. It’s amazing the difference a half hour can make. My desk is still really cluttered, but I now have 3 feet to navigate between my dresser and bed, rather than the nine inches or so I had last week, and the shelves are nice and fully (if a bit overly) packed. I ran out of paint and haven’t had the time or money to go back to fixing that one little corner yet. I still have a pile of boxes over by the closet, covered by the tarp I need to fold up and pu
t in storage. I still have a bunch of Star Wars and D&D minis I’ve been meaning to list on Ebay cluttering up my shelves, making it impossible to sort everything out by genre just yet.

But part of this cleaning up is allowing myself the zen to say "that’s okay." I mean, that I have an office at all is really rather a luxury, so I should USE it even if it’s not perfect.

I didn’t take Before pictures (did I mention I have a tiny little point and shoot camera now? it’s not great, but it’s good enough for snapshots), but I did take After pictures, which will become the Before pictures for tomorrow’s or Saturday’s next 1/2 hour of Closer to Zen. But for now, I have work to do–in my office!

Manuscript critique discount

We’re all dealing with tough times right now. Getting your manuscript critiqued by an experienced editor is definitely a luxury, and an expensive one at that.

With that in mind, I’m offering a discount for the next month (expires March 11) on my manuscript critique services. Critiques of submission packets (first three chapters and query/cover letter) will still be a flat $50 fee, but if you decide to have your full manuscript critiqued, I am knocking down my hourly rate from $50 an hour to $30–which for a full manuscript would involve a substantial savings.

So if you’ve been thinking about having me look at your manuscript, but couldn’t quite fit it into your budget, perhaps this may help you fit it in. Email me to discuss particulars at stacylwhitman AT gmail.com.

Happy inauguration day!

I have to run down to UPS to send a package, then I will be spending the day in the library working with no internet access, so as to get myself away from the TV and the temptation to watch it all day now that the Inauguration itself is over. Much as it interests me, I have work to do!
Though maybe not until after the president speaks at the Inauguration luncheon.