TL;DR - this is no different from almost every other site that many of us already participate in that includes an aspect of uploading/sharing content and in no way does this imply ownwership.
Dropbox TOS Includes Broad Copyright License
21–30 of 72 posts
Re: Dropbox TOS Includes Broad Copyright License
#22This is exactly like the broadly misunderstood TOS for Facebook, Etsy and other services. They need a license to your work in order to distribute it, and display it to others or perhaps even you. These clauses have been in TOSs for years and years, and only now people have taken notice. The average person doesn't know much about IP though, and probably couldn't tell you the difference between a copyright and a patent…
Just because it is standard doesn't mean it is acceptable.
It is standard because there is no other choice if you want to provide services of this nature. Blame the law, not the service providers.
Re: Dropbox TOS Includes Broad Copyright License
#23I am no lawyer, and most legalese is absolute greek to me, but that clause genuinely freaks me out. However, commonsense also tells me that Dropbox will never do something like sharing/profiting out of other's files. That will drive them to the ground. I am not really sure what to make out of this. Is this some clause that Dropbox had to put in to save their butt, or is there a sinister motive behind this?
Given how copyright law works, you need to grant Dropbox (and any similar services) those rights, otherwise they can't provide their service with your files.
worldwide
= For the whole internet
non-exclusive
= You can still license your stuff to others
royalty-free
= Dropbox doesn't have to pay you for this license
sublicenseable
= The license you grant Dropbox can be transferred to other companies, in the event of a company merger or similar
rights to use
= Doesn't mean anything
copy
= So they can copy your files between their internal servers
distribute
= So that they can distribute your public files to other users
prepare derivative works of
= So they can create thumbnails, extracts, previews etc
perform
= Doesn't mean anything
or publicly display
= List your public files to others
Re: Dropbox TOS Includes Broad Copyright License
#24When the new TOS were announced I think a lot of balked at reading those statements. The examples given in the TOS (e.g. "to convert your files") all seem reasonable, but as Indyan pointed out, it sure leaves the door open to some fuzzy interpretations. Quick question, if AT&T suddenly bought Dropbox, would you all feel as passive about the new TOS or be quick to get your files out of there? What about Facebook? Micr…
You are missing the point.
Those companies do have similar terms in their agreements! Any service that accepts user content should. It's in everyone's benefit to make it clear that you own your content, but you're giving the service a license to copy it, display it, etc.
AT&T: "while you retain any and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display..."
Facebook: "you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook"
Re: Dropbox TOS Includes Broad Copyright License
#25What Dropbox TOS could have been
1. We, Dropbox, copy your files in order to enable sharing and retrieving said files. Those copies of files we use still carry the sharing permissions you enable and your copyrights fully intact.
Re: Dropbox TOS Includes Broad Copyright License
#26It specifically states that you the rights you grant them are limited "to the extent we think it necessary for the Service." The "we think" might be a little ambiguous, but given that Dropbox is a tool for sharing files (with yourself or others), it seems reasonable that you grant them rights to do so.
"given that Dropbox is a tool for sharing files"
For now.
Re: Dropbox TOS Includes Broad Copyright License
#27disappointing bit of CYA, after they failed to notify ALL of their customers that authentication had been temporarily, accidentally disabled for a few hours.
Re: Dropbox TOS Includes Broad Copyright License
#28If my assumption of dropbox's intent is correct, I prefer facebook's approach to this problem. Instead of wording terms exclusively in their favor they could have extended an olive branch...
"For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."
(from https://www.facebook.com/terms.php)
facebook's license to share the picture of your cat terminates after you delete it from your profile. Had dropbox used similar strategy while drafting their terms, this would not be news...
(Disclaimer: I am not a lawyer and do not pretend to be one on TV.)
Re: Dropbox TOS Includes Broad Copyright License
#29It specifically states that you the rights you grant them are limited "to the extent we think it necessary for the Service." The "we think" might be a little ambiguous, but given that Dropbox is a tool for sharing files (with yourself or others), it seems reasonable that you grant them rights to do so.
IMO, the right way to express this would have been "to the extent required for us to provide the Services that you use".
Dropbox definitely does not understand the confidentiality requirements that (some of) their customers have. By reserving themselves so much leeway, Dropbox is driving away business users who need assurances of confidentiality.
IAAL, and I can't use Dropbox today because I can't trust them with my clients' data.
(This post is informational only, not intended as legal advice or to create an attorney-client relationship.)
Re: Dropbox TOS Includes Broad Copyright License
#30Earlier quoted context omitted.
Just because it is standard doesn't mean it is acceptable.
It is standard because there is no other choice if you want to provide services of this nature. Blame the law, not the service providers.
Could it be worded in such a way that makes the rights granted to Dropbox only usable for making Dropbox functional?