[android-developers] Re: How Are Content Providers To Interpret Section 5.3 of Google Play Developer Distribution Agreement?

2016-04-06 Thread Movie Master


On Monday, February 22, 2016 at 10:04:03 AM UTC-8, Movie Master wrote:
>
> We are considering using Google Play to sell movies. The Google Play 
> Developer Distribution Agreement available at 
> https://play.google.com/about/developer-distribution-agreement.html says 
> in article 5.3: “…After termination of this Agreement, Google will not 
> distribute your Product, but may retain and use copies of the Product for 
> support of the Store and the Android platform.” We do not understand 
> Google’s intent by this sentence. In simpler and clearer terms, what is 
> Google’s intended meaning in this sentence and subsequent actions it can 
> take, specifically “…but may retain and use copies of the Product for 
> support of the Store and the Android platform.”? This sentence appears 
> deliberately ambiguous in order to give Google huge latitude to do just 
> about anything it wants to with our content, and without promise of 
> compensation to us the rightful copyright holder, after we cease doing 
> business with it. People use their jobs and businesses to generate income 
> to "support" their family. Is Google leaving the door open to use our 
> proprietary content to "support" its store after we're gone through means 
> other than direct distribution?  It's not unusual for video hosting sites 
> to clench ungodly amounts of intellectual property rights simply because it 
> sits upon their servers. Maybe a rewrite of this Agreement is in order.
>
>  
>
> I'm assuming that only a representative from Google Play can give an 
> authoritative answer that's not just an opinion unless somebody elsewhere 
> has dealt with this same issue themselves. Google appears to have gone out 
> of its way to make it difficult to reach anybody who is authorized to 
> answer this question.  If you know how to reach their legal department 
> directly so that we can receive their WRITTEN clarification, let me know. 
> We will short circuit any legal disputes with Google before they arise.
>
UPDATE: 4/6/2016

GOOGLE WAS FOUNDED ON THE PRINCIPLE "DON'T BE EVIL"

Ha! 
I won't elect to operate my own server because of the huge amounts of 
highly affordable and high speed bandwidth available worldwide to 
professional video hosting sites which simultaneously draw in great numbers 
of customers looking for exactly what we offer. Professional server 
maintenance is performed by them. This represents a huge savings on 
marketing and maintenance costs. It's a classic case of "buy or build".

There are so many developers who've trusted Google but it seems they've 
been suckered when they clicked through and approved the terms of service 
agreement.
1. Try to find anybody to talk with directly at Google, ever.
2. Though their legal department is huge, try to find ANY way anywhere to 
contact them.
3. Their Terms of Service agreement apparently leaves Google the right to 
continue to exploit the intellectual property of others for their own 
material gain even after the business association is dissolved.
4. Google representatives declined to provide answers, written or 
otherwise, until and unless I signed up to be considered for their service 
and was "approved".
5. To date, Google would not indicate if and when the request to join 
Google Play was approved. It's been almost a month since this inquiry 
began. Put simply, "If you aren't part of us, we won't talk to you." so you 
won't be able to document or alert anybody else on ways we'll convertly 
profit from them.
6. Google avoided answering any questions about their Terms of Service 
Agreement by simply slipping silently off into the sunset. Many thousands 
of present and future content developers will remain unaware of the 
business dangers lurking under them. 

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Re: [android-developers] How Are Content Providers To Interpret Section 5.3 of Google Play Developer Distribution Agreement?

2016-02-22 Thread Movie Master
Thanks for reply Chuck.  I'm not convinced that I need to hire an attorney 
to receive this simple clarification from Google, unless Google hides 
behind some legal firewall to distance and protect itself from its 
customers by having to answer customer inquiries.

On Monday, February 22, 2016 at 10:23:55 AM UTC-8, Chuck Crisler wrote:
>
> The section sounds like they want to provide support to their current/your 
> former customers. I doubt that Google would sell copies of your app without 
> compensating you. They have too much to lose. However, for an authoritative 
> legal opinion you need to hire an attorney to contact the Google legal 
> department. 
> On Feb 22, 2016 1:04 PM, "Movie Master" wrote:
>
>> We are considering using Google Play to sell movies. The Google Play 
>> Developer Distribution Agreement available at 
>> https://play.google.com/about/developer-distribution-agreement.html says 
>> in article 5.3: “…After termination of this Agreement, Google will not 
>> distribute your Product, but may retain and use copies of the Product for 
>> support of the Store and the Android platform.” We do not understand 
>> Google’s intent by this sentence. In simpler and clearer terms, what is 
>> Google’s intended meaning in this sentence and subsequent actions it can 
>> take, specifically “…but may retain and use copies of the Product for 
>> support of the Store and the Android platform.”? This sentence appears 
>> deliberately ambiguous in order to give Google huge latitude to do just 
>> about anything it wants to with our content, and without promise of 
>> compensation to us the rightful copyright holder, after we cease doing 
>> business with it. People use their jobs and businesses to generate income 
>> to "support" their family. Is Google leaving the door open to use our 
>> proprietary content to "support" its store after we're gone through means 
>> other than direct distribution?  It's not unusual for video hosting sites 
>> to clench ungodly amounts of intellectual property rights simply because it 
>> sits upon their servers. Maybe a rewrite of this Agreement is in order.
>>
>>  
>>
>> I'm assuming that only a representative from Google Play can give an 
>> authoritative answer that's not just an opinion unless somebody elsewhere 
>> has dealt with this same issue themselves. Google appears to have gone out 
>> of its way to make it difficult to reach anybody who is authorized to 
>> answer this question.  If you know how to reach their legal department 
>> directly so that we can receive their WRITTEN clarification, let me know. 
>> We will short circuit any legal disputes with Google before they arise.
>>
>

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[android-developers] How Are Content Providers To Interpret Section 5.3 of Google Play Developer Distribution Agreement?

2016-02-22 Thread Movie Master


We are considering using Google Play to sell movies. The Google Play 
Developer Distribution Agreement available at 
https://play.google.com/about/developer-distribution-agreement.html says in 
article 5.3: “…After termination of this Agreement, Google will not 
distribute your Product, but may retain and use copies of the Product for 
support of the Store and the Android platform.” We do not understand 
Google’s intent by this sentence. In simpler and clearer terms, what is 
Google’s intended meaning in this sentence and subsequent actions it can 
take, specifically “…but may retain and use copies of the Product for 
support of the Store and the Android platform.”? This sentence appears 
deliberately ambiguous in order to give Google huge latitude to do just 
about anything it wants to with our content, and without promise of 
compensation to us the rightful copyright holder, after we cease doing 
business with it. People use their jobs and businesses to generate income 
to "support" their family. Is Google leaving the door open to use our 
proprietary content to "support" its store after we're gone through means 
other than direct distribution?  It's not unusual for video hosting sites 
to clench ungodly amounts of intellectual property rights simply because it 
sits upon their servers. Maybe a rewrite of this Agreement is in order.

 

I'm assuming that only a representative from Google Play can give an 
authoritative answer that's not just an opinion unless somebody elsewhere 
has dealt with this same issue themselves. Google appears to have gone out 
of its way to make it difficult to reach anybody who is authorized to 
answer this question.  If you know how to reach their legal department 
directly so that we can receive their WRITTEN clarification, let me know. 
We will short circuit any legal disputes with Google before they arise.

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