I’ll try to keep this short, but I’m afraid it won’t be as short as I’d like it to be.
Head over to the current / new Google Terms of Service and scroll down to “Your Content in our Services”. This is what it says:
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Before we jump into the hyperbole, let’s get some facts straight. What does “Services” mean? In Google’s words, it means:
Thanks for using our products and services (“Services”). The Services are provided by Google Inc. (“Google”), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
I’m guessing that covers all the Google products and services that Google is popular for; including GMail, Picasa, YouTube, Google Docs and Google+.
Now that we have that out of the way, lets dissect the legalese. It says
When you upload or otherwise submit content to our Services…
So, this would cover all the photos and videos you have uploaded into Google’s services.
…you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.
Let’s break that down. You will give Google; and the many unnamed partners that they work with, a worldwide license to:
- Use your content
- Host your content
- Store your content
- Reproduce your content
- Modify your content
- Create derivative works via translations, adaptations or other changes of your content
- Communicate your content
- Publish your content
- Publicly perform your content
- Publicly display your content
- Distribute your content
So…
- Can Google use a photo I have uploaded into GMail as a part of a message – on a public billboard someplace?
- Can Google distribute a video I have uploaded into YouTube as a part of an ad campaign?
- Can one of Google’s partners do the above as well?
Some answers are in the remaining text of this section within the Google Terms of Service. It says:
The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps).
First off, would you consider “operating, promoting, and improving our Services, and to develop new ones.” to be “limited scope“?! Seriously, what did they leave out?
Secondly, going back to their statement – “What belongs to you stays yours“ – do you see a contradiction when they also say – “This license continues even if you stop using our Services”?!! If what belongs to me stays mine, then doesn’t it “leave with me when I choose to leave”?
Let’s go back to my examples and add in reasons for them to do so, legally:
- Can Google use a photo I have uploaded into GMail as a part of a message – on a public billboard someplace?
- Yes – To develop new Services by understanding how the public reacts to that picture
- Can Google distribute a video I have uploaded into YouTube as a part of an ad campaign?
- Yes – To promote existing Services
Here’s the closing rhetoric:
- Am I OK with Google, or one of Google’s many unnamed partners, using anything I have ever uploaded into their Services – for any reason; without my explicit consent on a per-case basis? No.
- Am I OK with them having a worldwide license to continue doing so, even after I have deleted my account and stopped using their Services; presumably in protest? Absolutely not.
Are you?
It gets worse if you interpret “all submitted content” as email and documents, in addition to photos and videos. Should Google have a worldwide license to reading your email in order to; say, improve GMail?