The following is a translation of an article that appeared in the Danish newspaper, Politiken on July 19, 2011. The translation below was done by UmeNow.
The original article was written by JAKOB Sorgenfri KJAER
"You retain your copyright and all other rights you already hold in Content which you submit, post or display on or through the Services." But: "By submitting, posting or displaying the content you give Google a permanent, irrevocable, worldwide, free and nonexclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute any Content which you submit, post or display on or through Google services. "
"You agree that this license gives Google the right to make such Content available to other companies, organizations and individuals that Google cooperates with the syndication and the right to use such content to use for these services."
In just two weeks, Google has lured more than 10 million people into his new social network, Google +. But the 10 million users have accepted the terms of service, which is very extensive, says more IT legal experts.
As a user, you agree that Google can/may publish and distribute images and content on all of Google's other services. Furthermore, users accept that Google may pass on the user's words and pictures to other companies which the IT giant cooperates with. In other words, a video or picture from a party uploaded to Google + may be reproduced on the Google search engine or on YouTube, which Google owns.
Google states in its agreement to the user: "You have the copyright to the content, but we reserve the right to use it in the context we want. By signing up to Google's new service copyrighted material is transferred totally or partially to Google," says Soren Sandfeld Jakobsen, chairman of the Danish Forum for IT law and associate professor at Copenhagen Business School.
Same conditions as Facebook
The conditions for access to the free Google + network has raised a great debate in the U.S.. Several professional photographers have been warning against the new network because the release of the copyright may limit their ability to monetize images.
READ article: "Your Facebook friends will be Google's best weapon.
" http://politiken.dk/tjek/digitalt/internet/ECE1320145/dine-facebook-ve… Dine Facebook-venner bliver Googles bedste våben
Soren Sandfeld Jakobsen suggest that Facebook has similar conditions which over two million Danes have accepted. IT giants act solely from a commercial agenda, he says:
"Contents generated by millions upon millions of people can have an artistic and cultural value, and Google and Facebook reserves the right to use the content the way they want. They can systematize the content and create new services, and it can all be commercialized, "said Soren Sandfeld Jakobsen.
Google promotes the idea that they offer services that doesn't step on the users toes. The company's unofficial slogan is " Do not be evil" and one of Google's 10 business philosophies is:' You can make money without being evil. "
More far-reaching than Facebook
Experts in personal data law Charlotte Tranberg believe that the conditions for Google + is inconsistent with this philosophy. She says that the consequences (of Google +) could prove more far-reaching than Facebook. Google holds far more information about Internet users than Facebook because of Google's other services, which include the world's most popular search engine, Google Maps and Gmail. "Google already has so many other data on users, making it even easier to assemble this mosaic of information about people. If I use Google +, they can connect my behavior with the information that I usually search for on Google," says Associate Professor Charlotte Tranberg from Aalborg University.
She and Soren Sandfeld Jakobsen said Google and Facebook's conditions may well be in breach of both contract law and copyright law. "This agreement is ambiguous. On the one hand, users retain copyright, but gives Google the right to use the content. When an agreement is unclear, under (Danish) consumer law it is interpreted to the consumer's advantage. But this doesn't discourage them (FB and Google+) from trying," said Charlotte Tranberg.
Google says that the criticism is misguided and reflects a misunderstanding: "We are obviously aware of the debate, but do not think there is cause for concern (...) Google's terms of service is limited to Google only having the right to use content on Google's free service - for running services, and people naturally retain their copyrights and other rights. Users can also at any time remove content from Google via their account settings," writes Google's director of Denmark, Peter Friis, in an email.
Cover themselves against lawsuits
Trine-Maria Kristensen, independent consultant in social media, says that Facebook and Google also set so far-reaching conditions that covers (shields) themselves against possible lawsuits. Furthermore, the conditions contributes to keeping the social networks alive. She says: "The content that users post, build your network. If users withdraw material this will to holes in the network, and eventually it will disintegrate. Therefore they say that the content is ours ".
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