Troy,
As I understand it, it's the exact opposite. When in conflict, GMail's
TOS overrides the general Google TOS.
- David
Troy Murray wrote:
>
> I'm curious if anyone knows this. Do they Google Terms of Service
> (http://www.google.com/accounts/TOS?hl=en) supersede or replace (or
> whatever other legal word is used) the Gmail Terms of Use
> (http://www.google.com/mail/help/terms_of_use.html)?
>
> The reason I ask is the Gmail Terms of Use state "Google does not
> claim any ownership in any of the content, including any text, data,
> information, images, photographs, music, sound, video, or other
> material, that you upload, transmit or store in your Gmail account. We
> will not use any of your content for any purpose except to provide you
> with the Service." however the Google Terms of Service state "By
> submitting, posting or displaying the content you give Google a
> perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
> licence 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.".
>
> So I'm confused, if I "create content" in Gmail that I e-mail to you,
> can Google use it (per Google Terms of Service) or not (per Gmail
> Terms of Use)?
>
> --
> Troy Murray
> Informatics Specialist
> Michigan State University
> Biomedical Research & Informatics Center (BRIC)
> 100 Conrad Hall
> East Lansing, MI 48824
> Phone: 517-432-4248
> Fax: 517-353-9420
> E-mail: [log in to unmask]
>
>
>
> -----Original Message-----
> From: MSU Network Administrators Group on behalf of Tom Davis
> Sent: Sun 11/4/2007 12:16 PM
> To: [log in to unmask]
> Subject: [MSUNAG] Fwd: Avoid Google Apps, Gmail, Microsoft Live Office
> for University business
>
> 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 â?oofficeâ?� 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
> >Universityâ?Ts intellectual property rights and
> >the security of University records:
> >
> >â?oYou [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.â?� (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 administratorâ?Ts authority.
>
>
|
