Posted by scottish-hustler on 07-09-2008 13:10
#9
i was looking into this and the terms and conditions
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.
11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.
Section 1.1 defines services:
Your use of Google's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google.
Since Chrome is a Google product/software, then it is part of the "Services". The content you post to any site is thus subject to Section 11 licensing because the content you post is something "which you submit, post or display on or through, the Services".
In other words, by posting anything (via Chrome) to your blog(s), any forum, video site, myspace, itunes, or any other site that might happen to be supporting you, Google can use your work without paying you a dime. This doesn't just apply to blogger, youtube, gmail etc, and if you think it does, re-read section 1.1 and 11. It applies to everything you pass through Chrome. Google can take your submitted content and edit and reuse it all they want, as long as they do so in connection with Chrome. Even further, you're claiming that you have the power to grant these rights. So the people who work for Conde Nast (Wired, Arstechnica), TechCrunch, Gawker, any of the other big web publishers, or a university where the employee is performing research probably can't agree to the Chrome ToS because these people most likely don't have the right to give a license to the intellectual property (IP) they produce.
Most likely your employee or student agreement requires that your employer/university exclusively owns all IP that you make during your time there. Many employment contracts require that the employee signs away exclusive rights to all IP they create during work hours and anything created off hours related to their employer's business. Students get their class credits and the university typically gets copyrights to any writings and exclusive patent rights to any research and inventions. In essence, many content creators (news writers, song writers, artists, copy editors, musicians, students) cannot legally agree to these ToS because they'd be in breach of their employment/student contracts. Now, this does change slightly based on jurisdiction; under German IP law, there are a number of IP rights that content creators simply cannot give up contractually.
Further, you probably can't use your company or school email with Chrome, because your company probably exclusively owns your email, and you can't give away a license to something you don't own. You also can't make representations to Google that you have the power to license this IP if you don't.
Since they've released it, they've already been slapped on the wrist and they've had to change it but what it did mean was whatever you posted or browsed via chrome, google kept the right to use it as/if they want. It may not be much bother for most ppl but for some that post creative material on the net such as pictures, stories or trickshots :P etc then they can use it. like i said it has been retracted, but i think whatever they've gathered befroe the terms were changed they can still keep.
always a catch to free stuff, eh lol