Slashdot Mirror
NZ's Largest ISP Owns Your Work
NZKiwi writes "New Zealand's Largest ISP has quietly introduced a new clause into their TOS; basically if it goes through their servers, they own it, and can exploit it as they see fit.
Have a look at their TOS, it's under section 4 "Our Use of Your Intellectual Property" I think it's time I shopped for a new ISP."
By placing any content, software or anything else ("Materials") on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Materials:
* use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and
* sublicence to any third parties the unrestricted right to exercise any of the rights granted.
The above rights you grant to us includes the right to exploit all proprietary rights in any of the Materials including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Xtra and any other party authorised by Xtra all moral rights and any similar rights in any jurisdiction which you may have or may later acquire in respect of any relevant Materials.
Your reality is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever. - Baron Munchausen
Today's Aardvark Daily has plenty to say on this ISP's new Service Terms too and raises some other very interesting (coincidental) issues.
However, I doubt that these clowns will get away with this. If the current bad publicity and subsequent customer backlash doesn't convince them of their stupidity, someone is likely to take them to court to get their ammended TOS struck down.
Xtra does not claim ownership of any content or material you provide or make available through the Services ("Customer Material"). However, by placing any Customer Material on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Customer Materials:
* use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and
* sublicence to any third parties the unrestricted right to exercise any of the rights granted,
in each case for the limited purposes for which you provided or made the Customer Materials available or to enable us and our suppliers to provide the Services.
where it used to say
By placing any content, software or anything else ("Materials") on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Materials:
* use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and
* sublicence to any third parties the unrestricted right to exercise any of the rights granted.
The above rights you grant to us includes the right to exploit all proprietary rights in any of the Materials including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Xtra and any other party authorised by Xtra all moral rights and any similar rights in any jurisdiction which you may have or may later acquire in respect of any relevant Materials.
Strange how fast a little publicity changes things
This is incorrect. If you, in good faith, agree to a contract that is not legal, the contract, in whole or in part, is void. (This varies from jurisdiction.) There are some rights you can't give up. Additionally if a contract is subject to misenterpretation a judge can amend and even strike down the contract. For even more fun if you can convince a judge that you did not fully comprehend the ramifications of a contract the judge can again amend or declared the contract void.
The above is a superficial look at contract law, and the reason why I hire contract lawyers.