 |
 |
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.