Adam Fields (weblog)

This blog is largely deprecated, but is being preserved here for historical interest. Check out my index page at adamfields.com for more up to date info. My main trade is technology strategy, process/project management, and performance optimization consulting, with a focus on enterprise and open source CMS and related technologies. More information. I write periodic long pieces here, shorter stuff goes on twitter or app.net.

9/3/2008

The Google Chrome terms of service are hilarious

I’ve been very busy lately, but this is just too much to not comment on.

There are other articles about how the Google Chrome terms of service give Google an irrevocable license to use any content you submit through “The Services” (a nice catchall term which includes all Google products and services), but the analysis really hasn’t gone far enough – that article glosses over the fact that this applies not only to content you submit, but also content you display. Of course, since this is a WEB BROWSER we’re talking about, that means every page you view with it.

In short, when you view a web page with Chrome, you affirm to Google that you have the right to grant Google an irrevocable license to use it to “display, distribute and promote the Services”, including making such content available to others. If you don’t have that legal authority over every web page you’ve visited, you’ve just fraudulently granted that license to Google and may yourself be liable to the actual copyright owner. (If you do, of course, you’ve just granted them that license for real.) I’m not a lawyer, but I suspect that Google has either committed mass inducement to fraud or the entire EULA (which lacks a severability clause) is impossible to obey and therefore void. [Update: there is a severability clause in the general terms, which I missed on the first reading. Does that mean that the entire content provisions would be removed, or just the parts that apply to the license you grant Google over the content you don't have copyright to? I don't know.]

Even more so than usual, these terms are, quite frankly, ridiculous and completely inappropriate for not only a web browser but an open source web browser.

http://www.google.com/chrome/eula.html

Nice going guys.


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