I can't see why this clause is so egregious.

Section 9.1 states in full:

You retain copyright and any other rights you already hold in Your
Content. If
you decide to submit or post Your Content to Google, you give Google a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to
reproduce, adapt, modify, translate, publish, publicly perform,
publicly display
and distribute Your Content. This license is solely for the purpose of
enabling
Google to display, distribute and promote the Service.

Note in particular:

"If you decide to submit or post Your Content to Google..."

Now read Definition 5c:

“Your Content” means any content that you provide in your Maps API
Implementation, including data, images, video, or software. Your
Content
does not include the Content.

Where "Content" is the image data and other map data provided by
Google.

So, as I read this...

If you have data in your application AND you explicitly submit this
data Google then they have the stated rights ONLY for the purpose of
enabling them "display, distribute and promote" the Google Maps
service.

I am not a lawyer etc., but what is so objectionable about that?

Tom.



On Oct 22, 3:11 pm, blindfold <[EMAIL PROTECTED]> wrote:
> You are right, thehttp://picasa.google.com/homepage links to the TOS
> page
>
> http://google.com/accounts/TOS?hl=US
>
> reading "you give Google a perpetual, irrevocable, worldwide, royalty-
> free, and non-exclusive licence to" blah, blah.
>
> The 10^100 contest website (discussed here before) links to the TOS
> page
>
> http://www.project10tothe100.com/tos.html
>
> reading "you grant Google, its subsidiaries, agents and partner
> companies, a perpetual, irrevocable, worldwide, royalty-free, and non-
> exclusive license to" blah, blah.
>
> The new Android Maps API ToS is in the PDF file
>
> http://code.google.com/android/maps-api-tos.pdf
>
> reading "If you decide to submit or post Your Content to Google, you
> give Google a perpetual, irrevocable, worldwide, royalty-free, and non-
> exclusive license to" blah, blah.
>
> My standpoint is that "perpetual, irrevocable" is under no condition
> acceptable (perhaps with the exception of a direct sell to Google, but
> then we are talking a change of ownership).
>
> I share your fear that this will broadly carry over to the Android
> Market TOS, in which case I will not hide my abhorrence either.
>
> Regards
>
> On Oct 22, 3:41 pm, JP <[EMAIL PROTECTED]> wrote:
>
> > On Oct 22, 3:33 am, blindfold <[EMAIL PROTECTED]> wrote:> Indeed the 
> > recurring "perpetual, irrevocable" is totally unacceptable.
>
> > What irritates is that apk files get the same treatment as jpg shots
> > from your family reunion you upload to Picasa. After the Chrome
> > debacle, one would have expected for Google to take more care and not
> > just blindly copy and paste such terms between the different
> > services.
> > There's still opportunity to fix it. They can cover whatever they need
> > to do in a section in the Marketplace TOS' and take the broad section
> > 9 off the table, replacing it with appropriate terms.
> > It'll be interesting to see. My guess: Content grab language will also
> > make it over to the Marketplace TOS and cover all apps', not just the
> > ones using the Maps API. That'll trigger a fun discussion in here I am
> > sure.
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