Not since the early days of Gopher and the World Wide Web have so many libraries all been heading to the same place. Today it is not so much a new technology revolution as a new way of reaching out to users. The migration, this time, is to MySpace. As with the move to the web a decade ago the move to MySpace is being undertaken by libraries and businesses alike. And as with that earlier migration there are many issues to consider.(1)

The overwhelming appeal of MySpace is meeting users where they are. There are older social networks like Classmates.com that have not taken off in the way MySpace has probably because they were dependent upon a pay-to-play model that asks more than many users will give. With a powerful new network comes a cadre of people who would like to use the opportunity to connect with people for their particular cause. For example, Brandon Hoffman is finding thousands of friends on MySpace. Like many libraries Hoffman is not using the service for himself, but as a way of promoting car dealerships. The practice is drawing the attention of MySpace. A MySpace representative told CNet:

MySpace was created to allow friends to organically communicate, connect and discover shared interests. Any automated use of the system, such as using scripts to add friends, is a violation of the company's terms of use, as they upset the ecosystem of the network and go against the very principles upon which the company was founded.

Each new service or technology elicits variety of responses from libraries. The early adopters are already jumping into the MySpace pool and the old schoolers are doubtful it will ever be useful. One thing is clear, however, in terms of tools for libraries to reach young users MySpace may be unmatched. It is difficult to underestimate the value of reaching out to the audience MySpace attracts. With all the potential upside MySpace presents there are several drawbacks in the site's Terms of Service (TOS). As with any innovation libraries should carefully weigh the pros and cons of MySpace or other social networking sites for promotional or online branch purposes.

Terms of Service

The MySpace.com Terms of Use Agreement presents several problems for the would-be library profile on the site. Taking items in my order instead of the order they are presented in the terms here are a few of the problems.

Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

In order to create a profile one must agree to these terms. So you agree that you will only submit "truthful and accurate" information. How, then, do those wanting to post a profile for a library get past the first page of questions including "First Name", "Last Name", "Gender" and "Birth Date"?

Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MySpace.com.

Most libraries are non-commercial entities so there is probably wiggle room here. However it also states clearly that MySpace services are for personal use of Members and does not extend to commercial, public or non-profit entities using the service to promote their operations.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. MySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MySpace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MySpace.com:

[...]
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

So under the terms the simple profile for the Thomas Ford Memorial Library is in violation of each of the terms except posting a URL. Denver Public Library's eVolver profile is replete with URLs, many of which point to the library's special Teen Website.

Libraries and car dealers are not the only sites violating the terms of service. One is left to wonder if MySpace won't either soon change the terms of service or may be working on a way to begin enforcing them. This brings up the last problem with libraries use of MySpace and the terms of service.

MySpace.com may modify this Agreement from time to time and such modification shall be effective upon posting by MySpace.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

The last time I set about to have the university approve a contract, even one that costs $0, it was a lengthly process with many reviews. I can only imagine what the general counsel of libraries around the country will think when asked to agree to bind the organization to an agreement like this. Better yet will the library's patrons be well served each time the site is offline while the new terms are reviewed by counsel?

The Privacy Policy included in the TOS says:

Third Party Advertising
Ads appearing on this Web site may be delivered to users by MySpace.com or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by MySpace.com and does not cover the use of cookies by any advertisers.

If I were to come into a library and say "I'd like to pay $5 to find out what books Johnny is interested in" I'd be rightly run out of the library. A slight variation of that same conversation would be the hostility good libraries would show a content advertiser who wants to advertise on the library's website and catalog. Though they might only have a small slice of information about the patrons of the library and what books they are interested in, the thought of divulging patron information at any level is horrifying.

But wait, isn't this a bit of a stretch? Maybe. It is obvious to anyone setting up a library profile in MySpace that they may have their library name associated with advertisers they might not prefer to be associated with. It is also reasonable to think that, if they aren't already, MySpace would sell advertising based on users' interests. If they know from the pages of a library profile that a patron is interested in country music why show them ads for heavy metal? This same information then, begins to disclose an amount of information about patrons interaction with the library.

Proprietary Rights in Content on MySpace.com.

1. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

So everything you do on MySpace, including sending messages, is theirs. MySpace can do anything they want with it for as long as you have it on their site. Notably there is no mention of an exclusion for messages between users which appear to be private or blog posts that a user restricts to access by their friends only. A patron asking a question about a sensitive issue or just browsing for information may have that information collected by advertisers or used as the headline Fox News tonight.

Undeniably MySpace is a force to be reckoned with today. The ability for libraries to meet their patrons in a comfortable place for the patron is important. Will MySpace join the ranks of Gopher, GEnie and eWorld or if it will be the next iteration of the web itself? Either way libraries contemplating a MySpace presence need to consider all the ramifications. And for libraries and a myriad of other users, a more reasonable MySpace user agreement is critical.

Background

For considerably more information on MySpace in libraries Tom's earlier articles from this site will give you additional information:

• Lawmakers seek to block MySpace in libraries
• USF educating students about MySpace
• How should law schools deal with MySpace?