re: Facebook 'Privacy Notice' Has No Legs
I would like to point out that there's two different, but potentially overlapping (at least partially), concepts here: (1) Privacy, Personal Information, PII, etc...; and (2) Intellectual Property (IP). The use of both, are done so by grant. For the former, a grant of permission; and For the latter a grant or assignment of license(s).
Let's also consider individuals in other countries, that use Facebook, as it is a global phenomenon. These individuals may leverage local copyright and privacy laws and regulations. For example, let's look at the friendly neighbors to the North, Canada. Their privacy legislation is PIPEDA, which states:
"4.3 Principle 3 - Consent 4.3.8 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. The organization shall inform the individual of the implications of such withdrawal".
Furthermore, according to Canadian copyright law, licenses may not be granted in a manner suggested by the Facebook Statement of Rights and Responsibilities (SRR). The Facebook SRR states:
"2. Sharing Your Content and Information -- You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition: (1) For content that is covered by intellectual property rights, like photos and videos (IP content), 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 any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it".
However, the Canadian Copyright Act states:
"Ownership of Copyright 13. (1) Subject to this Act, the author of a work shall be the first owner of the copyright therein. Assignments and licences (4) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations relating to territory, medium or sector of the market or other limitations relating to the scope of the assignment, and either for the whole term of the copyright or for any other part thereof, and may grant any interest in the right by licence, but no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the ownerG«÷s duly authorized agent".