On 2/28/2013 1:19 PM, Noah Kantrowitz wrote:
Because I happen to have YouTube open anyway:
""" For clarity, you retain all of your ownership rights in your
Content. However, by submitting Content to YouTube, you hereby grant
YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the Content in connection
with the Service and YouTube's (and its successors' and affiliates')
business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You
also hereby grant each user of the Service a non-exclusive license to
access your Content through the Service, and to use, reproduce,
distribute, display and perform such Content as permitted through the
functionality of the Service and under these Terms of Service. The
above licenses granted by you in video Content you submit to the
Service terminate within a commercially reasonable time after you
remove or delete your videos from the Service. You understand and
agree, however, that YouTube may retain, but not display, distribute,
or perform, server copies of your videos that have been removed or
deleted. The above licenses granted by you in user comments you
submit are perpetual and irrevocable. """
Slightly different wording,
Noah, I understand that you desperately do not want to admit that the
PSF requirement for uploading to it servers is unusually broad, because
you do not want to admit that rational people might have a reason to not
upload, but there it is.
1. The uploader only authorizes distribution via the YouTube
infrastructure. Indeed, Google want that limitation because it wants to
be the one that monetizes distribution. So it only streams videos (free
ones, anyway) and does *not* download. Anyone who subverts this and
captures the stream as a download has no rights to it.
2. The uploader can terminate the license with Google. Because of #1,
such termination stops anyone from legal distribution.
Note: Flickr gives uploaders the choice of whether images can be
downloaded or only embedded in a flickr web page. It also lets uploaders
set the license that applies to flickr users. And it allows deletion of
images.
only the license to comments is irrevocable,
Irrelevant to this discussion.
> for videos they just promise to stop distributing
This is the important point.
but not actually remove your content.
This is a mostly irrelevant practical issue. Finding and scrubbing every
backup copy is difficult and expensive, especially for disk-image
backups or serial tape media (if indeed they still use such) or backups
stuck down in a deep salt mine. Any repository that does backups has to
have this proviso. (I am sure, for instance, that Flickr does now.)
My take on the current license is this: the original upload license was
rather minimal. The lawyer decided it was insufficient. Rather that
craft a broader license with the absolute minimum rights grant
necessary, the lawyer took the easy, quick, and cheap-for-psf route of a
maximal rights grant. That is okay with me as long as it is not
mis-represented and as long as people do not try to bludgeon me or
anyone else in signing something we do not agree to.
Note: when I contribute text and code to the CPython repository, I also
give up all control. I know and accept that, and even want that, because
it also means that I can re-write *other* people's text and code. But
people may reasonably want to keep more control over their independent
sole-author work.
--
Terry Jan Reedy
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