On Tue, 2003-07-01 at 13:48, Mark Derricutt wrote:
> On Tuesday, July 01, 2003 13:27:48 +1200 Steve Wright
> <paua@quicksilver.net.nz> wrote:
>
> > viz the recent "xtra terms and conditions"
>
> What was the outcome of that in the end? It just kinda faded away...
Xtra revised it to more cleverly disguise what the original said.....but
the new version gave them pretty much the same rights as the
original.....but structured in such a way that it looked like they
weren't....right up to that "or".
Here it is...and my comments to the parts I think stink:
*
4. Intellectual Property
Your use of intellectual property
You agree that all content, software, personal identifiers (including
addresses) and anything else we make available to you in connection with
our Services (together "Works") are protected by copyright, trade marks
and other intellectual property rights and laws. You warrant that you
will not:
* remove any trademarks, copyright notices, or proprietary labels
that may be attached to, or part of, any Works
* modify, copy, translate, create derivative works based on any
part of the Works or
* license, assign, otherwise transfer, make available or grant any
interest in any part of the Works to any other person
***********
**** This seems to mean that if you have an Xtra e-mail address,
you would not be able to accept terms and conditions like Xtras
from ANOTHER company (which grant them just such an
interest)..and use your xtra e-mail address - or any info that
Xtra provided to you. .*********
***************
* except where expressly permitted by us , "meta-search" the
Websites or Services, or send, or cause to be sent, any
automated queries of any sort through or to the Websites,
Services or customer.
Our use of your intellectual property
Xtra does not claim ownership of any content or material you provide or
make available through the Services ("Customer Material").
*******....and here comes the "however" **********
However, by placing any Customer Material on our Websites or Systems
(including posting messages, uploading files, importing data or engaging
in any other form of communication), you grant to Xtra a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
licence to do the following in respect of the Customer Materials:
**** What if you aren't allowed to do that by someone who had a hand in
creating those materials? ************
* use, copy, sublicence, redistribute, adapt, transmit, publish,
delete, edit and/or broadcast, publicly perform or display, and
*** EDIT *** Why?
* sublicence to any third parties the unrestricted right to
exercise any of the rights granted,
********** What if you aren't allowed to sublicense such materials?
************
in each case for the limited purposes for which you provided or made the
Customer Materials available or to enable us and our suppliers to
provide the Services.
...and that "or" ....."enable us AND OUR SUPLLIERS to provide the
Services".
Pretty open-eneded that. A license to do whatever they want....just like
the first one.....only worded in a slightly less up-your-nose sorta
way.
--
Steve Withers <swithers@mmp.org.nz>
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