redbubble user agreement - why so contentious?

redbubble Online Policy Primer

By Stephen Harris

Net303 Assignment 3Curtin University 23rd October 2010

What is redbubble?redbubble.com is an online community for artists to “publish, sell, discuss and purchase art products” (redbubble User Agreement, 2010).

Image From: http://www.posters.ws/images/371424/mona_lisa_joint.jpg

What is redbubble?redbubble enables users to interact with each other through comments about artwork and through mail system (redbubble User Agreement, 2010).

Image From: http://larrydowns.typepad.com/.a/6a00d8341c079f53ef00e555026f588834-320pi

What is redbubble?redbubble is a fulfillment service that manages “payment, transaction, manufacturing and customer service and delivery” of art products (redbubble User Agreement, 2010).

Image From: http://www.clipartguide.com/_named_clipart_images/0511-0903-2623- 1938_Handyman_Holding_a_Bunch_of_Tools_clipart_image.jpg

redbubble user agreementLike most online services and platforms redbubble has a user agreement that new members must ‘agree’ to before becoming a member (redbubble user agreement 2010).

Image From: http://www.workerscorner.com/wp-content/uploads/2009/05/yes-no-buttons1.jpg

Contentious?Generally speaking, user agreements and terms of service are becoming more and more of a contentious issue (Goettke & Christiana 2007 p.1).

Image From: http://blog.pappastax.com/wp-content/uploads/2009/11/argument.jpg

Why so Contentious?

• Most new users do not bother reading the agreement they are signing up to;

• Therefore they are not aware of the rights over their own content;

• Not being aware can sometimes mean not having control over ownership of media despite posting it themselves (Goettke & Christiana 2007 p.1).

Contentious Issues? User Agreements Raise a whole bunch of issues!!

Think About IT....

It is a lot to think about…….

When a user uploads media, the redbubble user agreement states the user “owns copyright to the material and does not infringe copyrights, moral rights, trade mark or right to privacy” (redbubble User Agreement, 2010).

Copyright and Ownership

Image From: http://www.bradfox.com/blog/wp-content/uploads/2009/08/copyright.gif

OwnershipThis means you own the content so you are responsible for it. If someone steals your concept or your design, it is up to you to work out how to solve the problem. redbubble will not act on your behalf.

Image From: http://www.getrichslowly.org/images/iStock_blankmaze.jpg

Screening

redbubble does not manually screen content before it is displayed (redbubble user agreement 2010).

Image From: http://www.youthserviceslitigation.com/uploads/image/Magnifying%20Glass%202.jpg

The Onus is On YOU!This means redbubble are not responsible or liable for users infringing copyright or ownership law. This means the onus is on the user to be aware of the legalities surrounding uploaded material.

Image From: http://api.ning.com/files/gGROxP-i2IRFrSgZz-cI4GrmB-qCZDFNxzRGNxYmBn7GEt-CP60DjixXL6JFtUkWhDDFYaGob4kJdqIYO5A1LOvOPST8QvvK/unclesam.jpg

Offensive Material

The redbubble user agreement states content must not contain material that “defames or vilifies any” (redbubble User Agreement, 2010).

• person,• race, • religion,

More Contentious IssuesThat means material must not be ….

Again, that is a lot to think about …….

Objective or Subjective?

• All of these terms are subjective depending on who the audience is.

• What could be deemed ‘offensive’ to one person, race or religion may differ entirely to the next person, race or religion (Pownell and Bailey 1999, p.3).

Freedom of ExpressionIn the art world, freedom of expression is important because it allows artists to explore concepts where individual and culture come together (Harris, 2008).

Image from: http://www.theglasgowstory.com/images/TGSE01275_m.jpg

CensoreshipHowever redbubble have a complaints based system that means artwork can be removed because a person or organisation objects to the artwork being there (redbubble User Agreement, 2010).

Image from: http://www.thejfblogit.co.uk/wp-content/uploads/2009/07/344402-1.jpg

Restricted Expression

A complaints system can lead to artistic freedom of expression being restricted (August 2007).

Image from: http://www.menassat.com/files/images/censorship2.jpg

What Motivates Censoreship?

This means Artistic Censoreship could result from concerns raised from any of the following standpoints:

»Political »Moral »Cultural »Security (Vellenvue 2008)

ClassificationThe redbubble user agreement states that users are responsible for classifying content as ‘safe’ or ‘not safe’ for workplace viewing (redbubble user agreement 2010).

Image from: http://support.redbubble.com/faqs/advanced/community-guidelines-fine-print

But what is ‘Safe’?What is considered ‘safe for workplace’ (SFW) can vary from one organisation to the next (Goodchild 2010, p.1).

Image from: http://itmanagement.earthweb.com/img/2007/12/getting-fired.jpg

To be SFW or not be SFW, that is the question

For example, video files are considered ‘not safe’ is some workplaces simply because of the networking issues surrounding large files rather than the malicious intent of an

employee or person posting the file (Goodchild 2010, p.1).

Image from: http://1.bp.blogspot.com/_pMw2glgvKOs/R79fFZbOaYI/AAAAAAAAHTE/INRU-lPEgyI/s400/1-HamletSkullHCSealous.jpg

Privacy and Identity

• redbubble do not rent or sell personal information to any third party such as user name or email (redbubble privacy agreement, 2010).

• redbubble do not confirm the identity of registered users apart from having a registered email address (redbubble user agreement, 2010).

Privacy and Identity• This means users are protected from third

parties trying to profit from profile information provided during registration (Barbaro & Zeller 2006, p.1; Brown & Muchira 2004, p.63-64).

• However, redbubble may not be able to confirm the identity of other registered members because there is no formal identification process in place (redbubble user agreement, 2010)

Privacy and IdentityThis means redbubble cannot identify members acting under false pretences or in a manner that infringes the rights of any person (redbubble user agreement, 2010).

Image from: http://icanhascheezburger.files.wordpress.com/2007/12/funny-pictures-cat-disguised-rabbit.jpg

Privacy and IdentitySo users should be careful with how much information they provide in sections of the profile where users can ‘tell us about yourself’ (Brown & Muchira 2004, p.64).

Image from: http://www.redbubble.com/people/zomboy

Privacy and IdentityBecause if someone were to misuse this information redbubble may not be able to identify who is responsible.

Image from: http://bpo.biz/bpo-news-blog/wp-content/uploads/2009/03/fra1.jpg

Age Restriction The redbubble user agreement states that persons

must be 16 years or older to be eligible to use their service (redbubble user agreement 2010).

Image from: http://www.smh.com.au/ffximage/2008/01/15/coreydelaney_narrowweb__300x310,0.jpg

Confirmation of Identity?However, if a user were to lie about their age, there is no way redbubble can confirm or deny because there is no formal identification process.

Image from: http://www.valdosta.edu/library/blog/wp-content/uploads/question-mark.jpg

Termination

The redbubble user agreement states that “Access to this website may be terminated at any time by us without notice” (redubble user agreement 2010).

Lost Artwork!?!?This means all that beautiful artwork that you spent hours producing and posting could be lost forever if you don’t have it saved somewhere else!

Image from: http://www.gwoltal.myfastmail.com/files/Freaking%20Out

You’re Terminated!! All your content gone……………………FOREVER!!

Image from: http://i233.photobucket.com/albums/ee254/DrumGod19/terminator_robot.jpg

So before you tick that box asking if you agree with the user agreement ….

Take the time to read and consider what you are actually agreeing to!

Reference

August, O. (2007). The Great Firewall: China's Misguided — and Futile — Attempt to Control What Happens Online. Wired, 15.11.Available: http://www.wired.com/politics/security/magazine/15-11/ff_chinafirewall?currentPage=1.

Barbaro, M., & Zeller, T. (2006, August 9th). A Face Is Exposed for AOL Searcher No. 4417749. New York Times.Available: http://w2.eff.org/Privacy/AOL/exhibit_d.pdf.

Brown, M., & Muchira, R. (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research, 591), 62-70.Available: http://www.csulb.edu/web/journals/jecr/issues/20041/Paper6.pdf

Goodchild, J. (2010). Not safe for work: What’s acceptable computer use in today’s office? Retrieved 21st October 2010 from http://www.csoonline.com/article/596980/not-safe-for-work-what-s-acceptable-computer-use-in-today-s-office-?page=1

Harris L. (2008). Defend artistic freedom: The case against censorship, retrieved 21st October 2010 from http://www.greenleft.org.au/node/39637

Pownell, D., and Bailey, G. (1999). “Electronic fences or free-range students? Should schools use Internet filtering software?” Learning and Leading with Technology, 27, 50–57.

redbubble user agreement (2010) retrieved 17th October 2010 from http://www.redbubble.com/agreement.

redbubble privacy agreement (2010) retrieved 17th October 2010 from http://www.redbubble.com/privacy.

Villeneuve, N. (2006). The filtering matrix: Integrated mechanisms of information control and the demarcation of borders in cyberspace. First Monday, 11(1).Available: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/1307/1227

Image Reference16 year old Corey Worthington [Image] (n.d) Retrieved October 23, 2010 from http://www.smh.com.au/ffximage/2008/01/15/coreydelaney_narrowweb__300x310,0.jpg

Cat disguised as Rabbit [Image] (n.d). Retrieved October 21, 2010 from http://icanhascheezburger.files.wordpress.com/2007/12/funny-pictures-cat-disguised-rabbit.jpg

Cartoon Man Holding Tools [Image] (n.d). Retrieved October 18, 2010 from: http://www.clipartguide.com/_named_clipart_images/0511-0903-26231938_Handyman_Holding_a_Bunch_of_Tools_clipart_image.jpg

Copyright Symbol [Image] (n.d). Retrieved October 18, 2010 from http://www.bradfox.com/blog/wp-content/uploads/2009/08/copyright.gif

Figure Holding Questions Mark Sign [Image] (n.d) Retrieved October 23, 2010 from http://www.valdosta.edu/library/blog/wp-content/uploads/question-mark.jpg

Getting Fired [Image] (n.d). Retrieved October 21, 2010 from http://itmanagement.earthweb.com/img/2007/12/getting-fired.jpg

Hamlett [Image] (n.d). Retrieved October 21, 2010 from http://1.bp.blogspot.com/_pMw2glgvKOs/R79fFZbOaYI/AAAAAAAAHTE/INRU-lPEgyI/s400/1-HamletSkullHCSealous.jpg

Kids Arguing Cartoon [Image] (n.d). Retrieved October 18, 2010 from http://blog.pappastax.com/wp-content/uploads/2009/11/argument.jpg

Kids Painting [Image] (n.d) Retrieved October 21, 2010 from http://www.theglasgowstory.com/images/TGSE01275_m.jpg

Man Putting Stop Hand Up [Image] (n.d) Retrieved October 21, 2010 from http://www.thejfblogit.co.uk/wp-content/uploads/2009/07/344402-1.jpg

Man Standing Outside Maze [Image] (n.d) Retrieved October 21, 2010 from http://www.getrichslowly.org/images/iStock_blankmaze.jpg

Man With Magnifying Glass [Image] (n.d) Retrieved October 18, 2010 from http://www.youthserviceslitigation.com/uploads/image/Magnifying%20Glass%202.jpg

Mona Lisa Smoking[Image] (n.d). Retrieved October 17, 2010 from: http://www.posters.ws/images/371424/mona_lisa_joint.jpg

Not Safe for Work Filter[Image] (n.d). Retrieved October 17, 2010 from: http://support.redbubble.com/faqs/advanced/community-guidelines-fine-print

Question Mark Male Silhouette [Image] (n.d) Retrieved October 21, 2010 from http://bpo.biz/bpo-news-blog/wp-content/uploads/2009/03/fra1.jpg

Stick Figure Speaking [Image] (n.d). Retrieved October 18, 2010 from: http://larrydowns.typepad.com/.a/6a00d8341c079f53ef00e555026f588834-320pi

Terminator Robot [Image] (n.d) Retrieved October 21, 2010 from http://i233.photobucket.com/albums/ee254/DrumGod19/terminator_robot.jpg

Uncle Sam [Image] (n.d). Retrieved October 17, 2010 from: http://api.ning.com/files/gGROxP-i2IRFrSgZz-cI4GrmB-qCZDFNxzRGNxYmBn7GEt-CP60DjixXL6JFtUkWhDDFYaGob4kJdqIYO5A1LOvOPST8QvvK/unclesam.jpg

Woman Freaking Out [Image] (n.d) Retrieved October 21, 2010 from http://www.gwoltal.myfastmail.com/files/Freaking%20Out

Yes No Button [Image] (n.d). Retrieved October 18, 2010 from http://www.workerscorner.com/wp-content/uploads/2009/05/yes-no-buttons1.jpg

Zomboy profile [Image] (n.d) Retrieved October 21, 2010 from http://www.redbubble.com/people/zomboy