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Subject: Re: eGroup - What's with the clause?
From: "Bernie Cosell" <bernie @ fantasyfarm . com>
Organization: Fantasy Farm Fibers
Date: Tue, 10 Aug 1999 21:23:38 -0400
To: list-managers @ GreatCircle . COM
In-reply-to: <7olgre$r70p@eGroups.com>
Reply-to: bernie @ fantasyfarm . com

On 8 Aug 99, at 20:10, matthew.simpson@erols.com wrote:

> I'm considering moving my list of 500+ folks to eGroup.  But I'm
> concerned about the first message in the attached clause of their legal
> agreement.  Does this basically sign the list over to them?  

> YOUR PROPRIETARY RIGHTS 
> You agree that upon posting any material within a group open to the
> public on the Service, you grant eGroups, and its successors and
> assigns, a non-exclusive, worldwide, royalty free, perpetual,
> non-revocable license under your copyrights or other intellectual
> property rights, if any, in such material, to use, distribute, display,
> reproduce, and create derivative works from such material in any and
> all media, in any manner, in whole or part, without any duty to account
> to you. ...

This looks like the stuff that was in the new GeoCities agreement when 
Yahoo took it over.  I think your intutition is correct: IMO it is 
**WAY** overbroad and gives them **WAY** too many rights [for example, 
they have the right to select stuff from your list and publish it in a 
book without your permission].

The other thing is that this implies your granting to them rights you 
don't have [since the authors of the individual messages would still hold 
copyrights to their stuff] and so it would look like you would have to 
inform everyone who subscribes to your list of this aspect of the 
agreement and their acceding to join the list would be considered 
agreeing to those terms...

If it were me, I wouldn't play their game [and I'd complain to them about 
it].  If they made a really attractive offer, then I'd seek a better-
informed opinion either by consulting a lawyer directly or at the least 
checking out on the intellectual-propery newsgroup...

  /Bernie\

 You further agree that upon posting any material within a
> private, members-only group on the Service, you grant eGroups, and its
> successors and assigns, a non-exclusive worldwide, royalty free,
> perpetual, non-revocable license under your copyrights or other
> intellectual property rights, if any, in such material to distribute,
> display, and reproduce such material to other members of that group.
> You also grant eGroups the right to authorize the downloading and
> printing in whole or in part of any material that you have posted to a
> group on the Service, by endusers for their personal use.
> 
> 
> 


-- 
Bernie Cosell                     Fantasy Farm Fibers
mailto:bernie@fantasyfarm.com     Pearisburg, VA
    -->  Too many people, too few sheep  <--          



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