Facebook CC Integration/Facebook ToS

The Problem

Quote problematic sections from current Facebook TOS (revised September 23, 2008 Current Facebook TOS (dated from Sept. 23 2008) is (CC from Amanda French)

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.

The current proposal of new terms says something similar (see: http://www.facebook.com/topic.php?uid=67758697570&topic=7569):

2.3 For content that is covered by intellectual property rights (like photos and videos), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of (“use”) any content you post on or in connection with Facebook. This license ends when you delete your content or your account.

Proposed Solutions

While it is clear that the 'non-exclusive' license granted to Facebook by users does not exclude users also licensing their content under a Creative Commons license, we request the language "subject only to your privacy settings" be changed to "subject only to your privacy and license settings", and that license selection interface be added to user profiles and content uploads.

This is because, Facebook users should have the ability to choose not only with whom they want to share their content, but whether to grant commercial license or not, as well as whether to allow copy and remix or not.

To respect the wishes of it's users, we request from Facebook to adopt a ToS similar to Flickr's:

(taken from Amanda French's Website)

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable [...]:

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.

The only problem with Flickr's license is the right of modify and adapt they claim. That right isn't compatible with all the Creative Commons licenses. So we ask Facebook to make limits to that clause in order to use only in facebook's service and not against the Creative Commons NoDerivatives license.

Facebook users maintain control over their choice of license.