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NZ's Largest ISP Owns Your Work

Posted by Hemos on from the stupid-TOS-tricks dept.

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."

5 of 95 comments (clear)

  1. Universities by smoondog · · Score: 5, Insightful

    I suggest someone send this to the attention of some universities with researchers who use that ISP. They will not be happy with changes to agreements that violate agreements their employees already have with them.

    -Sean

  2. Re:What is "our systems"? by Bishop · · Score: 4, Insightful

    Systems (including posting messages, uploading files, importing data or engaging in any other form of communication)

    I would say that last part makes it very clear.

    To XTRA customers you have until May 4 2003 before these new terms affect you. Contact you lawyer, or unsubscribe now.

  3. Re:whoa by WolfWithoutAClause · · Score: 3, Insightful
    Not only do they own the work but:

    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.

    Which seems to say, that you don't own your own work anymore either.

    I hoped that this is a late April fool; but it was updated 4th April.

    This is really quite remarkable.

    --

    -WolfWithoutAClause

    "Gravity is only a theory, not a fact!"
  4. Won't work but... by cornice · · Score: 3, Insightful

    For the personal data I would encrypt it all. The ISP can waste all the money they want to decrypt it.

    For everything else this won't work anyway since most of what travels across their lines is not owned by the people accepting the contracts. Most ISP traffic is of the download variety. This means that all those pages, gifs, jpegs, movies, songs, etc are not available to these customers to give. In most countries you can't give or sell what you don't already own.

    This seems like a wildly stupid CYA type of move. It seems that claiming ownership to whatever travels your lines could get you in big trouble. Who wants to lay claim to illegal content? It seems safer to claim no responsibility.

  5. Re:What is "our systems"? by EvilMal · · Score: 3, Insightful

    This was my first reaction too, perhaps they merely need to clarify, or re-word the TOS. It is quite possible this is a misunderstanding, and they may have had no intention of it being interpreted this way.

    Maybe someone should try asking them?