Use iChat? You’ve waived any right to privacy.
In case you didn't know that AOL was horrible and haven't been worried ever since you heard that iChat was going to work over AIM services, I have a bad reality check for you in the form of some recent nasty changes to
AIM's Terms of Service. Here's the part that really sucks: "Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM
Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content. In addition, by posting Content on an AIM Product, you grant AOL, its parent,
affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce,
display, perform, distribute, adapt and promote this Content in any medium. 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." [emphasis mine]
Don't you just love it when somebody tries to break the way the internet community works?
I'm no lawyer, so I'm not sure of all the ins and outs of this, but here's my best guess after reading over it several times: Unfortunately, iChat works via an AOL server (login.oscar.aol.com), which under the definition laid out earlier in the Terms of Service, qualifies as an AIM product. Translation: everything you type in iChat will belong to both yourself and AOL. Now, it's not quite as bad for iChat users yet, as the new terms of service state at the top in bold: "The following terms and conditions apply to all users who either registered for AIM
services or downloaded AIM updates or software on or after February 5, 2004." So, as long as you have used AIM
since before February 5th, 2004, you're in the clear. . . . at least assuming you haven't upgraded since then and until there is an iChat update [Thanks for the note, garoo!]. Hopefully, AOL will either be pressured to change these Terms of Service by then, Apple will somehow cram a "unless you are a .mac registered Apple user" clause in there, or Apple will build some encryption into iChat, so that only you and the person you are chatting with will be able to read what you've written (as it should be).
[via MacSlash]
UPDATE: Another bit of good news, which I didn't piece together when I originally wrote up this piece, but there is an out for iChat users once Tiger emerges: "Of course, iChat AV is also a versatile instant text messaging application, supporting AOL Instant Messenger and Jabber Instant Messenger clients." Might as well sign up for a Jabber account now and send AOL and their anti-privacy stance packing. [via
Random Access]
UPDATE [AGAIN]: Just as a side note:
this entry got Fark linkage yesterday.
Also, see the new entry on the topic...
...and a final post-updated TOS entry.