There Are Some Super Shady Things In Oculus Rift's Terms of Service (gizmodo.com)
An anonymous reader quotes a report from Gizmodo: While the [Oculus Rift] is cool, like any interesting gadget, it's worth looking through the Terms of Service, because there are some worrisome things included. Quite a few of the items in the document are pretty typical in any sort of Terms of Service agreement. These include details like waiving your right to a juried trial and agreeing to go into arbitration instead. Oculus can also terminate your service for myriad reasons, and third parties can collect information on you. However, there are some even more devilish details in the Rift's full Terms of Service. If you create something with the Rift, the Terms of Service say that you surrender all rights to that work and that Oculus can use it whenever it wants, for whatever purposes. Basically, if you create something using the device, Oculus can't own it, but the company can use it -- and they don't have to pay you for for using it. Oculus can use it even if you don't agree with its use. Oculus can collect data from you while you're using the device. Furthermore, the information that they collect can be used to directly market products to you. As UploadVR noted, the Oculus Rift is a device that is always on (much like Microsoft's Xbox One Kinect feature) which leads to further concerns about when the information will be collected.
(emphasis mine)
It's a pretty boilerplate clause. Basically, they need that clause to transmit your user-generated content without it leading to copyright infringement.
... Started as a EULA.
"Common sense will be the death of us all"
I don't think anyone is surprised.
Said no one ever.
This should come as no surprise. The concept of grasping, overreaching and completely unnecessary IP assumption and invasion and elimination of privacy to the point of attack on the person is beyond absurd.
At least this narrows the field to either the steam VR, or nothing for me.
"No good deed goes unpunished"
They have no idea of what people are likely to get up to with their Oculus Rift product, and if somebody does something that puts the company into any sort of jam, down come the safety nets. That's what I'm seeing in that legal boilerplate.
I deny that I have not avoided attaining the opposite of that which I do not want.
How many times is this article going to make the rounds? Wanna know something fun? The Slashdot terms of use say the same thing! It is standard legalese that allows companies to share what you post or upload with other users. Gizmodo has the same terms. Reddit has the same terms. You will find these terms everywhere.
You'll never believe this amazing stuff we've uncovered
more after the break...
Quoting a few sentences before ...
Oculus VR, LLC (“Oculus," "we," "us" or "our”) is pleased to provide you access to, and use of physical goods, platform services, software, websites, applications, and content (collectively, the "Services”). These Terms of Service ("Terms") apply to your purchase, access to, and use of, any Services.
[...]
Oculus reserves the right to change or modify these Terms [...] we will provide notice of such changes as appropriate, such as by [..] updating the "Last Updated" date at the top of these Terms.
Our Services may include interactive features and areas where you may submit, post, upload, publish, email , send or otherwise transmit content ...
So,
(a) Oculus (re)defined "physical goods" (i.e. the headset) as "Services".
(b) Its up to them to alter the deal
(c) Content you email the wife through their service can be 'performed' and 'sub-licensed'.
How many of you people upset that the Rift is "always on" installed Steam and let it sit in your system tray every second that your computer is on?
"Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
The terms of service are almost identical to those of, for example, Steam. Which is also "always on" by default. And nobody seems to have a problem with it. So could we please be rational, and stop pretending that Oculus is doing anything special here? And a lot of clauses highlighted in the article are pure boilerplate, and actually required for the service being allowed to publish, for example, your reviews or your screenshots. Yes, you can raise privacy concerns, but you would have to do so against any software storefront that lives in your system tray. This is worth discussing, but it is definitely nothing "Super Shady". And if you want to put on your HMD, and instantly see your home screen (or hit the xbox button on your controller), there needs to be some background service watching. The same goes for notifications / multiplayer invites / chat requests. You don't want that? Go to System Settings/Administrative Tools/Services, select "Oculus VR Runtime" and hit "stop". There, it's gone.
It might be standard but I thought in most countries to be enforceable the agreement had to be made before purchase of the item. You can't sell the item to someone and then try to add a whole load of terms and conditions which were not readily visible on the outside of the box after you already agreed to the sale.
If you create something with the Rift, the Terms of Service say that you surrender all rights to that work and that Oculus can use it whenever it wants, for whatever purposes.
When I worked at Accolade/Infogrames/Atari (same company, different owners, multiple personality disorder), lawyers inserted similar boilerplate language into the NDA for employees to sign. If they left it at that, everyone would have signed. But, no. They included a requirement to previously list all past copyrights and trademarks held as individuals, which in theory could become company property. No one signed. Some people had attorneys, several promised to produce reams and reams of copyright citations, and everyone threatened to resign. HR stepped in, revised the language to something less harmful, and everyone signed.