Originally posted by interested_observer Well first of all, I am an engineer, and not an attorney. However, I deal with requirements, government contracts and vendor licenses, day in and day out. The point that I was attempting to make, is to read and understand the fine print, as it may very well matter a lot to some folks somewhere out in the future...
Actually, its a bit more than just covering their butts since it does come out and say "the pictures are ours now, we'll do what we want". If you go to the article, they say a bit more in terms of...
“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.”
Essentially, if they want to sell it in any way, shape or form, they will, with the check going to Google. If Google's attorneys did not intend this, then it would not be there. Everything there is there for a purpose....
As I pointed out above, the license gives them a bit more ability than just for resizing and simple distribution from one computer to another. You are giving them non-exclusive ownership - essentially co-owning the copyright with them. If it were just for resizing and benign distribution, it would have been written differently.
If you walk into a store and see one of your images on a package sitting on the shelf from MegaCorporation, it just might be legal, and profitable for Google. They do not even need to give you notice or attribution.....
Now I do have to agree that the last paragraph quoted in the article, tend to tone down the - "its ours now", however it does not say that they will not sell it, it just appears to make everything sound a bit more friendly - and it certainly does not limit any of their actions, that they gave themselves in the previous paragraphs.
“You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.”
All in all, its nice to share our images. However, once its out in the wild its out there and there is no putting the cat back into the house.
In the past Google was building a soft library (books, magazines, journals, etc.) with published works. The copyright holders objected. To some extent its there - within limits. Its a good resource and useful.
With Google+ you have the opportunity to use the service - and license your works to Google, or not. Its your choice - however, things may turn out a bit different that what your interpretation and understanding may be.
just my opinion...
"for the provision of syndicated services"
That is the huge qualifying statement that everyone is ignoring. And every single ominous sound clause in the TOS, as far as I can tell, is always qualified by some like "for the provision of the Service". Every single right they are getting in necessary for them to provide the service that you are refusing to sign up for because they think you are trying to steal your images.
For example, the clause you mentioned:
“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.”
Right now on LinkedIn, it pipes in my Twitter feed to my homepage. Everything I post on Twitter goes straight ot my LinkedIn homepage. I'm sure it won't be long before the same thing is available for Google+. So G+ is giving LinkedIn the permission to republish anything I post on G+, which would include pictures. That iss the syndication of services. Syndication of services does not include taking images you upload, and the transferring the license to other people people, or selling the images to other parties. Every single right in the TOS is contained within the provision of the service, and necessary to do so.