I'll make sure to forward this. Thanks!
On Fri, Apr 5, 2013 at 4:18 PM, Thiago Costa <[email protected]>wrote: > Hi guys, good points. As Raff and Alan pointed out, these things are quite > standard to operate the kind of service we do. > > Xavier, you didn't paste the full clause, it reads: > As between You and Lagoa, Lagoa does not claim any rights to any > Renderings or the intellectual property that You submit to Lagoa for the > purpose of creating such Renderings, > > > *For clarity: Lagoa makes no claim over the ownership of the content nor > the Renderings; we agree that you are the owner of the content that you > create. > *In this section, we receive a license to use the data you submit to > make, among other things, the Renderings that we are promising to make in > the agreement. Without this license, we might not have the right to create > the Renderings using the data that you submit and the functions conducted > by our servers. If you wanted us to display your Renderings (so that others > could view your work), we could not do so without this license. > > To protect peoples interests, we also added that there are limits to what > we can do with the Renderings you create. First, we cannot use the > Renderings beyond the privacy settings that you have agreed to. If the > content is made private for example we will not display it to anyone other > than who you decide to give access to. > > Second – if you are not a paying customer – we can sublicense more > broadly, but only for certain purposes (to promote Lagoa, Lagoa’s models, > Lagoa’s services, or you) and only for a limited period of time. So it's > quite clear what we do. > > In other words, we need this clause to operate our service. We give some > free storage and some free rendering, and the only way that we plan to use > the content (created by our community) is to help the community itself to > grow. There are no hidden intentions here and we respect people's privacy. > > In fact we have some real costumers doing real work in the system – it's > been awhile. So it's not like this is a new attempt. It's something proven > to work and for some really large companies. > > I hope that clarifies everything. > > thanks, > > -Thiago > > > On 3 April 2013 17:38, Xavier Lapointe <[email protected]> wrote: > >> I would think it's worth clarifying, because some people seems to be >> interpreting the wrong way what it actually is. >> >> >> On Thu, Apr 4, 2013 at 8:09 AM, Alan Fregtman <[email protected]>wrote: >> >>> Even a "simple" service like Dropbox needs legal BS like that just so >>> they can legally produce a thumbnail of a picture in your folders in the >>> web view. They got in trouble a while back when someone saw their wording, >>> but they clarified it later. (Lagoa should probably clarify their stance >>> also.) >>> >>> >>> >>> On Wed, Apr 3, 2013 at 12:34 AM, Xavier Lapointe < >>> [email protected]> wrote: >>> >>>> I'm no expert in this so I was just forwarding the response ... from >>>> what you've just said it makes sense. And yes, I've no doubt on Thiago q : >>>> >>>> Cheers >>>> >>>> >>>> On Wed, Apr 3, 2013 at 3:04 PM, Raffaele Fragapane < >>>> [email protected]> wrote: >>>> >>>>> It's pretty standard legal BS for any cloud service, without it they >>>>> could be sued for holding onto the files they need to render for you with >>>>> the back-end. >>>>> I very, very seriously doubt Thiago plans to use without permission >>>>> any of the material rendered through teamUp for promotion or sales, but >>>>> the >>>>> gray area of cloud services requires some rather (overly) robust wording >>>>> on >>>>> the fact they have rights on the information you provide. >>>>> >>>>> They don't acquire the IP or license for distribution in any form with >>>>> that, those are the clauses you really have to watch out for. The former >>>>> is >>>>> impossible (illegal) but constitutes vice of form, the latter can plant a >>>>> sizeable penis firmly up your colon, especially if you're contracting. >>>>> >>>>> >>>>> On Wed, Apr 3, 2013 at 2:49 PM, Xavier Lapointe < >>>>> [email protected]> wrote: >>>>> >>>>>> More specifically this paragraph: >>>>>> >>>>>> You hereby grant to Lagoa a non-exclusive, royalty free, paid up, >>>>>> worldwide, sublicensable (but only to affiliates of Lagoa) right and >>>>>> license to use the information that you submit as part of the Services to >>>>>> copy, create, make derivative works of, display, or publicly perform the >>>>>> Renderings or any component thereof, provided that Lagoa shall not >>>>>> use the Renderings beyond the Privacy Settings that You and Lagoa have >>>>>> agreed to as part of the Scope of Services, and provided, further, >>>>>> that the license to any Renderings you have created until such time as >>>>>> you >>>>>> have paid Lagoa for use of the Services shall be irrevocable and freely >>>>>> sublicensable as long as such use of the Renderings is limited to the >>>>>> purposes of promoting Lagoa, Lagoa’s models, Lagoa’s services, or You, as >>>>>> the artist thereof, from the creation of such Renderings until the date >>>>>> that is six (6) months after the expiration or termination of your >>>>>> subscription to the Services. You authorize Lagoa, on a royalty-free >>>>>> basis, to use and exploit any aggregated data regarding your use of the >>>>>> Services along with aggregated data regarding others users’ use of the >>>>>> Services, so long as such use does not identify You. >>>>>> >>>>> >>>>> >>>>> >>>>> -- >>>>> Our users will know fear and cower before our software! Ship it! Ship >>>>> it and let them flee like the dogs they are! >>>>> >>>> >>>> >>>> >>>> -- >>>> Xavier >>>> >>> >>> >> >> >> -- >> Xavier >> > > -- Xavier
