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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 ?ooffice? 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?Ts intellectual property rights and >the security of University records: > >?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.? (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?Ts authority.