Hi Roger,

The clue seems to be the last sentence:
" The school can only respond to comments and content, but cannot remove it."

Isn't this the same as myschool rating?

For my part, I have run a long time not very effective campaign against the use 
of public address 
systems by schools - which blast out across neighbourhoods. I now hear teachers 
are using 
microphones in classrooms.

If facebook can effect a change in use of amplification in schools and 
elsewhere, I will signup!

Marghanita

On 06/08/15 10:39, Roger Clarke wrote:
> I'd be interested in anyone's experience, thoughts and references on this.
>
>
> At 10:06 +1000 6/8/15, a friend wrote:
>> Wondering what your thoughts on this are - see communications between me and 
>> Facebook below.
>>
>> It is in regards to an automatically created "community page", which in this 
>> case represent my College.  It allows facebook account holders to "locate" 
>> themselves at the College and thus have their posts about the place shared 
>> on the public page's timeline.  It also allows people to "review" and 
>> comment on the College.
>>
>> I would liken this to someone setting up a table 24/7 in any public space, 
>> with a picture of the school logo and name, collecting information about the 
>> school and publishing reviews and comments about it.  The school can only 
>> respond to comments and content, but cannot remove it.
>>
> Facebook are asserting a right to do this, short of any "legal" rights being 
> infringed.
>> Are you aware of any discussion around this?
> ...
>> An example is:
> <https://www.facebook.com/pages/The-Friends-School-Hobart/109298215754526?fref=ts>https://www.facebook.com/pages/The-Friends-School-Hobart/109298215754526?fref=ts
>
> Below is a brief interaction between my friend and Facebook.
>
> Below that are my quick reactions.
>
>
>> -----Original Message----
>>> Subject: Reporting a Violation or Infringement of Your Rights - Other
>>
>> What right is being violated or infringed?:
>> An unofficial page has been created claiming to represent our school
>>
>> How does the content violate or infringe your rights?:
>> This page violates
>> privacy (our staff, students and property), putting our duty of care at
>> risk (as an educational organisation), our intellectual property (our
>> school name) and no doubt other legal rights as a school - we must meet a
>> number of requirements under Australian law to protect the rights and
>> privacy of our students, their families and our staff.
>
> _____
>
> On Wed, Jul 29, 2015 at 1:36 AM, Facebook <
> <mailto:ip%[email protected]>[email protected]>
>  wrote:
>>
>> Hi,
>>
>> Thanks for your report. It appears that you are reporting a Community Page
>> on Facebook that contains content from Wikipedia.
>>
>> A Community Page is automatically generated based on what Facebook users
>> are interested in. It is not intended to be the official presence of a
>> brand, public figure or organization.
>>
>> If you object to the content on the reported Community Page, you may
>> access the source of this information by visiting Wikipedia. In some cases,
>> you might be able to edit or provide feedback about this information.
>>
>> Under these circumstances, it's unclear to us how the reported content,
>> used in the manner depicted, would violate or infringe your legal rights.
>>
>> For more information on Community Pages and intellectual property rights,
>> please visit our Help Center:
>>
>> Community Pages: 
>> <https://www.facebook.com/help/?faq=163647573698534>https://www.facebook.com/help/?faq=163647573698534
>> Intellectual property rights:
>> <https://www.facebook.com/help/intellectual_property>https://www.facebook.com/help/intellectual_property
>>
>> Thanks,
>>
>> Lydia
>> Intellectual Property Operations
>> Facebook
>
> _______________________________
>
> My quick reactions:
>
> I don't think any organisation has substantial rights in relation to its 
> name.  However, there are some constraints on how the name can be used, e.g. 
> the tort of 'passing off' is meant to protect against an entity being 
> actively misrepresented, and of course laws relating to fraud are relevant.
>
> In the Friends School example, the term 'Unofficial Page' is present in the 
> banner, although not conspicuous.  I think they could do better (e.g. 'This 
> page is about the School, and is not managed by the School').  But that might 
> be obvious enough to people who land on it, so asking for a more substantial 
> disclaimer would probably fall on deaf ears.
>
> (Frankly, I'm positively surprised that Facebook even replied, even if they 
> do say that 'you have no rights, get over it, go away').
>
> A test is:
>
> What if an ex-school-student established, say, friendsschoolsucks.com?
>
> Again, I suspect that all the School can do is smile and cop it, post 
> corrections or clarifications where needed, maybe in really serious cases 
> pursue a defamation action.
>
> Another angle:  might it be used as part of the education experience?
>
> Maybe senior students (prefects?) could be told about the site, asked to give 
> their views, and gently encouraged to bring to the School's attention any 
> messages that might need addressing (e.g. because they're usefully critical, 
> or materially misleading, or unjustifiably harmful to an individual student 
> or teacher).
>
> BTW, I haven't thought about things like this much since the late 1990s:
> http://www.rogerclarke.com/II/Netethiquettecases.html
>
>


-- 
Marghanita da Cruz
Telephone: 0414-869202
http://www.ramin.com.au

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