14 DAY TRIAL // The headline should not be surprising if you already know that Facebook is the company that bought Oculus Rift in March 2014.
In true Facebook fashion, the Oculus Rift VR set, which launched only a few days ago, comes with Orwellian terms of service that some of its users might have to agree with in order to use the device.
There are a few things that jump out at you from the get-go. First of all, it's the fact that Facebook can collect any type of data it wants on Oculus Rift users, which it bluntly acknowledges it will use to advertise content to users.
This isn't a surprise since Google and Facebook have been already doing it for years, but some users have pointed out that Oculus Rift is an always-on device, and users might misunderstand this paragraph, thinking the device can only collect data while in "play mode."
Facebook has the same rights over your Oculus VR creations as you do
Second of all, Oculus may terminate a user's service for a long list of reasons, ranging from copyright complaints to situations where the user "create[s] risk or possible legal exposure for us [Facebook]."
But this is normal since many companies take precautions against these types of situations. What's not normal, though, is for Facebook to tell you that they automatically have the right to use and resell any piece of software or hardware that you build using an Oculus device.
“ By submitting User Content through the Services, you grant Oculus a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content. ”
We've seen similar terms of service in Flickr or other image hosting sites, but they usually reserve this right so they could use your pictures in their promotional ads.Facebook just took it one step forward and decided that it can also sublicense anything you create with your Oculus to anyone it wants. Users don't have a say in this process, and they don't have to get paid either.
ToS updates coming in 3, 2, 1...
This clause was probably added so the company could use your VR creations in its ads to advertise the service, but its wording was uninspired, to say the least.
Usually, companies that get exposed in such a public manner update their terms of service soon after. Most of them blame it on complicated lawyer speak and make the necessary amends to be clearer about their intentions.
Other clauses that you may find interesting (not like) include waiving your right to a trial and going directly to arbitration in case you ever want to sue the service, something that should protect the company from lawsuits in case the device blinds or hurts a user by accident. Somehow, this last tidbit is more concerning than all of the above.