AOL: Your AIM Chat Sessions Belong to Us

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FirstAdopter.com pointed out some interesting provisions of the AIM Terms of Service. For instance, America Online says that what you say on AOL Instant Messenger belongs to you, but then it claims “…all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content.” The terms go on to say, specifically, that “You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.”

I looked at the Terms of Service and they also say that they apply to users who registered with the service on or after February 5 or downloaded an AIM client software or a software update then. I haven’t done either of those, so some other terms of service must apply to me.

I’m pointing out this change in the AIM Terms of Service because the difference between what an average user of an online service thinks his rights are, and the rights he or she actually has, are increasingly diverging. I think many people will be surprised to learn that they they waive any right to privacy when using AIM. In my opinion, that’s different than when a service provider warns you that an online service isn’t secure because it’s unencrypted.


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