This comment made me curious. When I went to check the actual terms of service, I found this line:
"Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours."
which is suddenly followed up by:
"When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps)."
So while you own your intellectual property, Google does take a copy of all rights pertinent to the work. It's hard for me to say why Google would do this; alienating what I'd imagine to be a significant userbase of content generators.
> Google does take a copy of all rights pertinent to the work.
A limited copy, only for use in "operating, promoting, and improving our Services, and to develop new ones."
In other words, you agree to let everything you upload to Google be used for testing.
Anyone who's alienated by this shouldn't be putting content on non-owned servers in the first place. "The Cloud" isn't for your secret documents, it's for your family photos.
The show-stoppers are "... promoting and improving our Services, and to develop new ones".
Suppose I use Google Drive to store my current project, a big-ass novel that's going to see simultaneous publication by major publishers in a number of markets around the world. Google could in principle give it away for free to new sign-ups for their service as a promotional goodie.
Or "develop new ones" ... well, we already have Google Books: I am not sanguine about the prospect of a not-yet-published book of mine suddenly showing up in Google Books, or a next-generation incarnation of Google Books, without my say-so (or an agreement to pay royalties, because that's what I earn my living from).
These uses are certainly unlikely but they're not impossible, and that big-ass slab of lawyer-speak in the middle of the ToS is a show-stopper for me. Which is a shame, because if they'd just bothered to specify that the rights are for the limited purpose of [yadda] internal development of new services -- i.e. as test data -- I'd be fine with that.
Dropbox is a paid-for service that specifically supports business uses. It's ToS is acceptable. Google Drive is mostly used for free, and as the old saying puts it: if you aren't paying for the product, you are the product.
> Google could in principle give it away for free to new sign-ups for their service as a promotional goodie.
No they couldn't, because other parts of their ToS explicitly let you retain control over your copyright. You'd sue them, and win. Also, they'd lose all their customers and probably shut down the Google Drive program entirely.
Maybe we should just try and find a lawyer to interpret this impartially (something you should do anyway if you're trying to pick a ToS that's "compatible" with your needs -- you really don't want to get burned by a tricky ToS, do you?), but as far as I understand the whole point of this passage is to allow Google to use your data to test their products, e.g. facial recognition, translation, etc., in an automated fashion.
Exactly like Gmail, I am guessing the contents of individual user's drive accounts are probably scraped at regular intervals by machines for all sorts of purposes. This passage is a CYA for that activity. They're not looking for sneaky ways to get your book into their store.
I'm not saying "use Google Drive over Dropbox!", because I don't give a hoot. But the Drive ToS isn't why you shouldn't use Google Drive.
Of course they could, because you gave them a license to do so.
Facebook and Google do this explicitly already: they use your images and written content, which you presumably have the original copyright on, to sell their products and services (customized ads and the like). They haven't done it with Stross' novel yet, but the legal issues are the same.
The quoted license: "The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones."
That sounds like it should be limiting but a new service can be "giving away copies of stuff we found in peoples gdrives". Would everyone hate Google for that, yes; would that break their ToS, no.
You retain copyright control, means they can't sell [other] licenses and such like actions - but you already gave them and their associates free use [wrt copyright] of your works stored on their systems. They don't need more rights to publish, modify, reproduce, etc., etc..
Indeed they can even effective sub-license by selling the right to be one of "those we work with", then the license you agree to also applies to that other company.
Such ToS enable evil to be done.
It is difficult to construct a ToS that allows the company to do everything it needs to without enabling this sort of thing. They don't want to leave the option you can sue them for copyright infringement if, for example, they share your copyright avatar image with a company that's using an embedded comment system or such like activities.
One can of course encrypt data before sending it to a cloud storage company.
> You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
Whatever anything else says in the ToS, this wins. Explicit statements always trump implications in contracts. You take that to court, show the judge, and you're on your way to dinner with your winnings later that very same day.
This ToS is not capable of Evil in the way you say. Period.
Also, they'd lose all their customers and probably shut down the Google Drive program entirely
While I agree with your thesis on the whole, I am sad to say that this probably won't happen. People will just think, "Well, I'm not writing a novel so this doesn't affect me" and keep on using it.
My interpretation of what they are trying to say is that they may need to modify stuff by wrapping headers on it and so on to make it work with their systems, but they won't steal your ideas or give them away.
My interpretation of what they are trying to say is that they may need to modify stuff by wrapping headers on it and so on to make it work with their systems,
Or: we make tape backups of data and tapes a shipped to some storage and we cannot guarantee that your data is immediately erased from all our infrastructure (including types) the moment after you delete it.
There is a youtube video from a google engineer that talks about their backup.
Your data is (supposedly) encrypted with your private key. They can't guarantee that all copies are deleted, but they can (at least in theory) delete the key to make the data inaccessible. Whether you believe them or not is a different story...
Yeah, Google would never just, I don't know, start republishing a bunch of books and, when authors or their representitaves complain, say, "see you in court." That's inconcievable!
>A limited copy, only for use in "operating, promoting, and improving our Services, and to develop new ones
also to:
>reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content
So not even family photos because you lose the right to keep them private.
"The Cloud" isn't for your secret documents, it's for your family photos.
Which is why putting your business documents on Dropbox may not be a good idea.
Also, it's kind of slow. Somebody at TechShop accidentally put a Dropbox folder in an Autodesk Inventor search list and slowed down launch of the program by several minutes.
I think many people in comments to your post not understand that "can" is not equal to "will". The rights they require are mostly for avoiding issues with some countries, testing, avoiding responsibility during hack attacks, removing duplicates and editing some files that could be browser open.
If anyone thinks that Google, multi billion company would take your photo and publish it to make money out of it - you are creating issues to yourself.
Its Google, they are all about your data, statistics, behaviours and keywords. Not about stealing things and using your photos/artwork for marketing purposes.
Cloud = trust. No matter if its Dropbox or Skydrive or Box. On the end of the day you either trust company or not. No matter what's in TOS.
"Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours."
which is suddenly followed up by:
"When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps)."
So while you own your intellectual property, Google does take a copy of all rights pertinent to the work. It's hard for me to say why Google would do this; alienating what I'd imagine to be a significant userbase of content generators.
Source: http://www.google.com/policies/terms/