It goes with saying that xtras' T&C are fscked in the head. Use it if
you want, don't if you don't. I won't be.
I can't be bothered making a stink about it. I have simply informed
them that their T&C are too restrictive, told them to stick their
service, rolled my own, and walked away.
If anyone wants to go sandwich-boarding outside telecon HQ about it, I
invite them.
For myself ;
a. I like my neck the length it is
b. I don't have the energy
c. I might want to do other business with them
d. My life is complicated enough already
e. It doesn't reflect on my character
f. I don't really give a shit
ad nauseum..
<finger><walk>
/sw
Steve Withers wrote:
>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.
>
>
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