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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. >> >> >