SellABand changes hands... and business model

As I told you in the lastest blog post, SellABand went bankrupt.

Soon after, aquisition rumours started. Then, it was official. And a couple of minutes ago, the website was back online.

Business as usual, right? Wrong.

Users trying to log in SAB again are greeted with a notice of some new Terms of Service - which you agree or you have to cancel your account. The new Terms of Service have a funny clause, one that radically changes SAB business model. In 4.5, they state that a believer can't take back his money if it's on SAB for more than 15 days. OUCH!, this is more than a change, this is not acknowledging the real SAB problems, while failing because they take out the incentive to actually be a believer... What an huge #FAIL: this new SAB is, automatically, a lot worse than what it was.

When canceling (because I don't accept the new TOS) my accounts,  they said to me:

Dear Merankorii,

We would really like to hear the reason why you do not want to accept the new Terms and Conditions and stop participating on SellaBand.

Here's my reply:

The new 4.5 clause makes believers being forced to loose their money, even if the band they wanted to succeed abandons the project or otherwise doesn't reach its goal. With the new terms, believers stop having the ability to be "believers of some specific artist(s)", and are thus forced to be "believers on SAB". While that might work to some believers and bands, that radical change of concept doesn't work for me both as an artist and a believer. Thus, unless/until you change the TOS again, I want to withdraw my money on SAB and quit both my artist and believer accounts. I don't count on coming back to SAB as an artist until this 4.5 changes to something I feel more fair for me, as a band, to purpose to my fans, and I count to get back to being a believer *only*if* I find a band that I like so much that I'm willing to bet with my money in, taking into account that I might never see that money again -- which doesn't happen with any SAB artist at the moment.

The new Facebook Terms of Service

Sorry about the lack of links in this blog post, its was written offline

So, Facebook fsck'd up, and then reverted to the old Terms of Service. I'm glad to see that wasn't enough, since lots of people actually ended up reading the previous Terms of Service, that were already bad enough.

The most offending - for me at least - on any version of Facebook's TOS was the "blank contract" clause, a clause unfortunately seen in lot's of Terms of Services, and that basicly say "you're agreeing with this but you shouldn't even bother reading this stuff, because we can change it whenever we like and you automaticly signed the new terms".

Fortunately, it seems, a new set of terms is being drafted and scheduled to replace the old ones by the 29th of March. Now in a phase of discussion (with their users only, so those who don't have a Facebook account because they don't agree with the actual terms - probably the most critics about them - don't have much chance of voice their worries about the new Terms), this terms (until further re-draft, which might happen thanks to the comments being submited by Facebook users) replace the previous "blank contract" clause with this:

12.1 We can change this Statement so long as we provide you notice through Facebook (unless you opt-out of such notice) and an opportunity to comment

12.2 [...] we'll give you a minimum of seven days notice

Unfortunately, I still think this is hardly acceptable. You are warned about the new terms in the service, and if you don't act in seven days, even if you didn't read your Facebook messages in that period, you are automaticly accepting the new Terms.

With this, further discussion about other items is more or less irrelevant, since even if all the rest is acceptable, there's no warranty that one month after you sign it, the Terms are still the same. Remember: this isn't acceptable in any "paper contract" you sign, how come should it be acceptable in an online contract?

Anyway, let me highlight some other items in that Terms that should worry you...

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

3.2 You will not collect users' information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scapers) without our permission

4.5 You will keep your contact information accurate and up-to-date

5.6 You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665) without our written permission

6.2 In the event you change or deactivate your mobile telephone number, you will promptly update your account information on Facebook to ensure that your messages are not sent to the person who acquires your old number

Sorry Facebook, to get me as an user, you still have a lot of work to do.