July 31st, 2008

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earfl earfl - from users lips to earfls wallet

The stated goal behind earfl is to enable posting soundbites to the web from one’s phone. A soundbite (along with perhaps an accompanying image) is posted on the web at an earfl site. By hosting the content, small audio clips and images, Earfl begins to build a content library as I’m betting they obtain a non-exclusive license to host the content as long as it’s on their site. Later, Earfl will work to monetize this content by partnering up with other content aggregators to then compete with, or be acquired by larger efforts.

The plan will likely include offering services that leverage the content, and the fact that it’s all stored on the Earfl servers. Anonymous use of the voice data to train speech recognizers for use in nationwide call center applications would be a good candidate. I‘ve just returned from a visit to the Earfl site to review the Usage Agreement. Here’s some of the significant language (note that these are selected portions of the agreement):

[U]sers may create Content on the site. You hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to earfl.

[Y]ou recognize and agree that earfl will implement mechanisms allowing us and others to track your Content… …submission of any information, feedback, Content, data or other materials (collectively, “Materials”)

[Y]ou hereby grant to earfl and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.

I point out this language to make you aware that Earfl is in fact leaving the door open to use your soundbites in any way they want. Not just the soundbites, but any information, feedback, Content, data or other materials.

The Earfl team differentiates their efforts from those hosting videos, photos, and text ‘bites.’ While I agree that there are distinctions between sound and the other media forms, it seems that Earfl is focused on exploiting the emotion, intonation, and other nuances of people’s speech as a way to profit.

What might lead me to think such a thing? The following is straight from the Earfl website.

By telling our stories out loud, we also pass along the emotion, intonations, nuances, etc. that add authenticity to the spoken message.

Ask yourself this question: “Am I being fairly compensated for the sound of my voice, the expression of my emotion, my intonation, my vocal nuances?”

I didn’t sign up because I know that those elements of myself are worth much more than the opportunity to post soundbites on the web through Earfl. How much does Earfl cost? When one considers the value of the rights Earfl acquires from every User, one discovers it’s far from free!

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