Folks:
I've posed this particular question to the General Counsel to get an
informed answer. Will relay it to the List when received.
- Dave
David Mulder writes:
> 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.
>>
>>
>
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