This is a second draft of this post, corrected by Denise Howell’s comment below. Key facts: I am not a lawyer. She is. Good one, too. So take heed (as I just did). And read on.
Uber has new terms for you:
User Provided Content.
Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
The emphasis is mine. Interesting legal hack there: you own your data, but you license it to them, on terms that grant you nothing and grant them everything.
Talk about a deal breaker. Wow. (Except it’s also the old deal.)
Here’s the prior (and still current) version.
The new one goes into effect on 21 November. As I read that (when I wrote the first draft of this post), they have sale on personal data pending until that time.
At the very least, Lyft should make hay on this, if they actually do have an advantage in the degree to which they protect privacy. (Denise, below, says they don’t. But hey, maybe they could if they wanted to compete on privacy.)
Here’s what matters (and remains unchanged from Denise’s corrections):::
We need our own terms. Meaning each of us should be the first party in agreements with service providers, not the second. Meaning they need to agree to our terms.
That’s Customer Commons’ reason for being. Just as Creative Commons is where you will find copyright terms you can assert as an artist, Customer Commons will be where you will find service terms you can assert as a customer.
With the wind of new .eu and .au privacy laws (e.g. the EU’s GDPR) at our backs, we stand a good chance of making this happen.
The question is how we can get some mojo behind it. Thoughts welcome. Shoulders to the wheel as well.