FYI. Dave Gift sent this to the Deans, Directors
and Chairs list yesterday. /Tom
>Date: Sat, 3 Nov 2007 13:32:01 -0400
>From: David A Gift <[log in to unmask]>
>Subject: Avoid Google Apps, Gmail, Microsoft
>Live Office for University business
>To: [log in to unmask]
>
>To: Deans, Directors, Chairs
>
>From: David Gift, Vice Provost, Libraries, Computing and Technology
> David Brower, Assistant Vice President for Finance, CFO and Controller
> Linda O. Stanford, Associate Provost for Academic Services
> Michael Poterala, Assistant Vice
> President for Research and Graduate Studies and
> Executive Director, MSU Technologies
>
>Subject: Avoiding use of online software tools
>such as Google Apps, Gmail, and Microsoft Office Live
>
>Please share this message with faculty and staff in your units.
>
>Google, Microsoft, and other companies are
>offering, at no charge, an increasingly diverse
>set of online, web-based software tools, many of
>which provide standard “office” functions
>such as document and slide deck production and
>management, spreadsheeting and communications,
>including e-mail. These tools run on company
>(vendor) servers, and user files and other
>content are stored on company systems as
>well. The no-cost option is attractive to many
>University units, faculty and staff. However,
>due to the terms of use and business models
>being applied to these tools, they MAY NOT be
>used in the conduct of University work.
>
>To illustrate one concern, the terms to which
>you agree when you use Google Apps
>(http://www.google.com/accounts/TOS?hl=en)
>include the following; which compromises the
>University’s intellectual property rights and
>the security of University records:
>
>“You [user] retain copyright and any other
>rights you already hold in Content which you
>submit, post or display on or through, the
>Services. BY SUBMITTING, POSTING OR DISPLAYING
>THE CONTENT 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 ANY CONTENT
>WHICH YOU SUBMIT, POST OR DISPLAY ON OR THROUGH,
>THE SERVICES. You agree that this license
>INCLUDES A RIGHT FOR GOOGLE TO MAKE SUCH
>CONTENT AVAILABLE TO OTHER COMPANIES,
>ORGANIZATIONS OR INDIVIDUALS WITH WHOM GOOGLE
>HAS RELATIONSHIPS for the provision of
>syndicated services, and to use such Content in
>connection with the provision of those services.” (emphasis added)
>
>Furthermore, neither Google nor Microsoft makes
>any promise to back up content, secure
>confidential or proprietary content, or provide
>free service for any particular period of
>time. If they change their minds about the
>business utility of this model, it may simply go away one day.
>
>Contract terms like these do not provide
>appropriate protection for University business
>records or documents. If software tools like
>these are used in instruction, they may
>compromise student intellectual property
>protections. They may also adversely affect
>commercialization or publication of intellectual
>property created by faculty. Because
>individuals frequently do not know that they are
>creating University business records, including
>student records, in the course of doing their
>daily work at MSU, ANY use of these sorts of online tools must be avoided.
>Individuals or units contemplating use of any
>software tool or online service should carefully
>read and consider the terms of use, and seek
>appropriate legal or other review from
>University administrative offices when terms of
>use are incompatible with University policy or
>exceed the relevant administrator’s authority.
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