I am not a lawyer, and I don't work for Google, so I'm not saying your
concerns are illegitimate, but that clause seems like legal
boilerplate to me - as serving your content could conceivably be
interpreted as publishing, translating, performing, displaying,
distributing, etc. by the morass of global intellectual property laws,
they're covering all their bases.

Again, I'm not a lawyer, but I interpret it as "in order for us to
provide you this service, we require these rights" and I expect that I
can terminate this agreement at any time by ceasing use of the
service.

However, you make a good point - what if an App Engine app becomes the
next Facebook/Myspace/Twitter?  Could Google use these terms
nefariously?  Probably, and so maybe some clarification would be
helpful, but I don't think there's much cause for alarm.

On Aug 6, 10:33 am, Tudor Constantin <[email protected]>
wrote:
> Tony, if that would be so, they would ask the right to
> EXECUTE/INTERPRET or something similar your code, not to " give Google
> a worldwide, royalty-free, and non-exclusive
> license to reproduce, adapt, modify, translate, PUBLISH, publicly
> perform, publicly DISPLAY and distribute such Content for the sole
> purpose of enabling Google to provide you with the Service in
> accordance with its privacy policy."
>
> 'the sole purpose of enabling Google to provide you with the Service'
> could be interpreted like some sort of a deal: "you want our service,
> you give us access and rights over your code"
>
> What about the people who are paying for the service? they are not
> allowed to keep their software proprietary either?
>
> Would that clause be valid if, for example, you have a very successful
> site/application that could raise the interest of google to buy it and
> you don't want to sell at their price? This clause is so more
> "interesting" because, probably 95% of the people who develop
> applications for GAE think and hope those will need to be very
> scalable - so, very successful - and between learning all the things
> related to scalability in their native language they rather
> Python/Java and program under some restrictions.
>
> So, is it possible that we want our applications to be so successful
> to force google to bring that clause into discussion?
>
>
>
> On Thu, Aug 6, 2009 at 5:00 PM, Tony<[email protected]> wrote:
>
> > I think the key here is: "...for the sole purpose of enabling Google
> > to provide
> > you with the Service in accordance with its privacy policy."
>
> > In other words, Google may reproduce/distribute your content
> > throughout its network as necessary to provide you with the App Engine
> > Service.  If they did not have this right, there would be no way for
> > your users to access your data, as it is all stored on servers that
> > you do not own.
>
> > On Aug 5, 3:53 am, webpaage <[email protected]> wrote:
> >> I am quite positive about using the App Engine to roll out our new
> >> project except that I wonder someone from Google can explain what the
> >> following clauses in the T&C actually mean? :
>
> >> "Google reserves the right (but shall have no obligation) to pre-
> >> screen, review, flag, filter, modify, refuse or remove any or all
> >> Content from the Service"...
>
> >> and
>
> >> "By submitting, posting or displaying the Content on or through the
> >> Service you give Google a worldwide, royalty-free, and non-exclusive
> >> license to reproduce, adapt, modify, translate, publish, publicly
> >> perform, publicly display and distribute such Content for the sole
> >> purpose of enabling Google to provide you with the Service in
> >> accordance with its privacy policy. Furthermore, by creating an
> >> Application through use of the Service, you give Google a worldwide,
> >> royalty-free, and non-exclusive license to reproduce, adapt, modify,
> >> translate, publish, publicly perform, publicly display and distribute
> >> such Application for the sole purpose of enabling Google to provide
> >> you with the Service in accordance with its privacy policy."
>
> >> and
>
> >> "Google is constantly innovating in order to provide the best possible
> >> experience for its users. You acknowledge and agree that the form and
> >> nature of the Service which Google provides may change from time to
> >> time without prior notice to you, subject to the terms in Sections 4.3
> >> and 10.2. Changes to the form and nature of the Service will be
> >> effective with respect to all versions of the Service (including the
> >> Deprecated Version of the Service); examples of changes to the form
> >> and nature of the Service include without limitation changes to fee
> >> and payment policies, security patches, added functionality, and other
> >> enhancements."
>
> >> If this means that our Intellectual property rights are totally
> >> surrendered while using GAE, then I think its not giving developers
> >> any sense of assurance, much less receiving "the best possible
> >> experience".
>
> >> Please kindly advise.
>
> >> -Samuel Koh
>
> --
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> in the absence of an
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> mehttp://blogspot.tudorconstantin.comhttp://www.linkedin.com/in/tudorconstantin
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