Google Chrome EULA Take 2!!

Proof that the big suits do sometimes listen. Google has now reworded the EULA of Google Chrome and deleted its highly controversial provision concerning copyright licence which CyberPanda covered in an earlier post. The new provision rightly leaves the rights to any content posted on or through the browser to the Chrome user.

The monumental gaffe was explained by Google as being caused by the use of its Universal Terms of Service across its different offerings for the highly dubious and slightly incoherent reason of keeping 'things simple' for users. The spokesperson of Google went further to say that at times this may mean inclusion of term which do not apply 'well' to the product in question. One has to question the due diligence, expertise and legal skills of the lawyers employed by Google, if they actually leave terms and conditions which do not sit 'well' with a product in a contract governing its use. It is even more surprising that this gaffe occured given that a similar situation occured last year when Google launched Google Docs.

Disclaimer: The rights to the logo used above are owned by Google.

The audacity of Google Chrome!

CyberPanda has been riled by the EULA of the newly launched web browser by Google. Section 11.1 of the EULA of Google Chrome provides, inter alia, that by submitting, posting or displaying content, users of Google Chrome give to Google 'a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute' any submitted content. The aim of the licence is to enable Google to 'display, distribute and promote [its] services' and may be revoked for certain services. The user is, of course, not paid a dime for granting this perpetual and irrevocable licence to Google.

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.

Disclaimer: The rights of the logo used above is owned by Google. Click here to access the logo.