This provision poses a number of legal issues including what is the situation if the user posts materials that are owned by third parties (this remains an issue despite section 11.4 of the EULA pursuant to which users undertake that they have the right, power and authority to grant the licence to Google)? Is this clause fair to the right owners? Is Google doing enough to bring this clause to the attention of its users?
The gut instinct of CyberPanda is that such a clause should not be incorporated within the EULA unless it has been specifically brought to the attention of the user. In addition, CyberPanda is strongly opposed to the very notion of 'perpetual, irrevocable and royalty-free licence' as it leaves the right owner in a vulnerable position.
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