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Internet Users' Second-Party Exposure
Detailed Analysis - 8: Yahoo!

Version of 24 December 2010

Roger Clarke **

© Xamax Consultancy Pty Ltd, 2010

This document is at http://www.rogerclarke.com/EC/IU-SPE-A8-Yahoo.html

Detailed Analysis

The Terms grant Yahoo! a licence in relation to content that users "submit or make available for inclusion on publicly accessible areas of the Yahoo! Services". This includes Yahoo! Message Boards and portions of Yahoo! Groups and Flickr that are open to both members and visitors. But it excludes portions of Yahoo! Groups that are limited to members, Yahoo! services intended for private communication such as Yahoo! Mail or Yahoo! Messenger, or areas off of the Yahoo! network.

The Terms can be unilaterally amended, without notice. A separate Term enables Yahoo! to provide notice (if it chooses to do so) by any means. Only the current version of the Terms is visible, and it dates from late 2008.

Changes to Terms apply to all content, including content submitted under earlier Terms; and hence the assurances that exist can be withdrawn at any time, without notice.

Users are at risk of Yahoo! taking advantage of users' content under the following circumstances:

• Yahoo! exercises its right to unilaterally change the Terms, in order to create a new right to use users' content; and
• users overlook the change made. This is highly likely, because:
  • by implication (but only by implication), the new version of the Terms document will contain the change, but no undertaking is provided that it will be at the same URL
  • detecting that a change has been made requires continual comparison of the date of the current copy of the Terms against an archived copy of the date of the old Terms
  • detecting what changes have been made requires word-by-word comparison against an archived copy of the old Terms that the user has to have earlier downloaded and kept in a safe place where they can find it again; and
• Yahoo! exercises its new right in a manner that is harmful to the user

Extracts from the Terms of Service

Terms at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html, Last updated November 24, 2008

Mirrored at http://www.rogerclarke.com/EC/IU-SPE-T-Yahoo.html

Terms of 9 December 2010, mirror downloaded 14 January 2011

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Service
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Yahoo! Services are those areas of the Yahoo! network of properties that are intended by Yahoo! to be available to the general public. By way of example, publicly accessible areas of the Yahoo! Services would include Yahoo! Message Boards and portions of Yahoo! Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Yahoo! Services would not include portions of Yahoo! Groups that are limited to members, Yahoo! services intended for private communication such as Yahoo! Mail or Yahoo! Messenger, or areas off of the Yahoo! network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Yahoo!.

1. ACCEPTANCE OF TERMS

... the Terms of Service ("TOS") ... may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. ...

24. NOTICE

Yahoo! may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Yahoo! Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Yahoo! Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Yahoo! Services in an authorized manner.

Author Affiliations

Roger Clarke is Principal of Xamax Consultancy Pty Ltd, Canberra. He is also a Visiting Professor in the Cyberspace Law & Policy Centre at the University of N.S.W., and a Visiting Professor in the Department of Computer Science at the Australian National University.

Personalia

Photographs Presentations Videos

Access Statistics

The content and infrastructure for these community service pages are provided by Roger Clarke through his consultancy company, Xamax. From the site's beginnings in August 1994 until February 2009, the infrastructure was provided by the Australian National University. During that time, the site accumulated close to 30 million hits. It passed 65 million in early 2021. Sponsored by the Gallery, Bunhybee Grasslands, the extended Clarke Family, Knights of the Spatchcock and their drummer

Xamax Consultancy Pty Ltd ACN: 002 360 456 78 Sidaway St, Chapman ACT 2611 AUSTRALIA Tel: +61 2 6288 6916

Created: 9 December 2010 - Last Amended: 24 December 2010 by Roger Clarke - Site Last Verified: 15 February 2009
This document is at www.rogerclarke.com/EC/IU-SPE-A8-Yahoo.html
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