It Hurts. Please, Make It Stop.

Recently, via a listserv where I participate, I learned about a site called StudyBlue. This site was touted as part of a new set of tools supporting networked learning; my response is reposted below.

My response

Hello, all,

At the risk of being a curmudgeon, we need to look at the terms of use of the services we are using/promoting.

The Terms of Use of StudyBlue, available at http://www.studyblue.com/Terms.htm, contain the following language:

"By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing."

However, this site is one of the rare cases that has Terms that are worse than Facebook's (who at least pay lip service to respecting user's privacy decisions).

From the StudyBlue terms of service, from the link above:

"When you upload Member Content as Private the Company will not post the information to any other Member without your permission. However, upon leaving a class or course, any Member Content left uploaded as Private will be made Public for the life of the Web site. You may remove your Private Member Content from the Web site before you leave a class or course. If you choose to remove your Private Member Content before leaving a class or course , the license granted above will automatically expire. If you do not remove your Private Member Content from the Web site before you leave a class or course, the license granted above will not expire and will continue indefinitely."

So, if you create private content in a course/group, it will become public if you leave the course without deleting it. Moreover, on a quick read through, these terms say nothing about what happens if a user wants to delete their account. Under these terms, there seems to be no way for a user to delete their content, which is, according to these terms, licensed in perpetuity to StudyBlue.

Facebook recently enraged a portion of their user base by similar behavior: http://consumerist.com/5150175/facebooks-new-terms-of-service-we-can-do-... or http://is.gd/jDf4

The web opens up an array of options for teaching, learning, and connecting, but we need to remember that learning should be organized around the needs of the student/learner. The cost of joining a website should not be complete loss of control over your content, and as technology advocates we need to become more aware of the ramifications of data control and data portability within networked learning environments. In short, learners deserve better than the terms offered at StudyBlue, Facebook, Ning, etc. Why should a prerequisite of social learning be the loss of control over how your work is used/reused? By promoting sites that are predicated on an intellectual land grab of learner-created content, we perpetuate the lie that this is acceptable behavior.