Who owns GoogleApps content?
Sunday, December 6, 2009 at 09:26AM 
Oft surfacing concerns over using ASP services, especially GoogleApps, are privacy and copyright of materials created with and stored on such services. After a cautionary message sent to LM_Net*, I thought I best read Google Apps in Education Terms of Service agreement - again.
To me, this language seems pretty straightforward:
1.2. Facilities. All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Google stores and processes its own information of a similar type. Google has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access to or use of Customer Data.
OK.
6.1 Obligations. Each party will: (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its affiliates, employees and agents in violation of this Section.
OK
7.1 Intellectual Property Rights. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data, and Google owns all Intellectual Property Rights in the Services.
Seems clear enough.
12.1 By Customer. Customer will indemnify, defend, and hold harmless Google from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim: (i) regarding Customer Data or Customer Domain Names; (ii) that Customer Brand Features infringe or misappropriate any patent, copyright, trade secret or trademark of a third party; or (iii) regarding Customer’s, or its End Users’, use of the Services in violation of the Agreement. Google will reasonably assist Customer in presenting click-though terms to its End Users, if Customer would like to pass through certain of its obligations under this section to its End Users.
12.2 By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim that Google’s technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of any Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties.
Boilerplate language one signs on the ski slope, car rental agency, or on opening any software package.
You should read the entire document, of course, but these paragraphs seem to address the major issues. Am I being incredibly naive here? I don't see malevolent intent, just the same sort of legalese required of all services.
Does anyone have verified reports of Google misusing personal data, stealing IP from GoogleDocs, or other malfeasance? Not everyone approves of Google's "Scan now, ask permission later" approach to its book digitization project, but that seems to be a different can 'o beans.
* "Google Docs, particularly, wants to own everything and have the right to distribute it."
Reader Comments (5)
I would like comments on how people interpret clause 2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google fit in with teachers, particulalry elementary, signing their classes up to Gmail and other Google Apps.
What is the legal age for forming " a binding contract" in the US?
I went back and forth with someone on one of the Google educator sites about this--bottom line is, they reserve powers that could be used for nefarious purposes, and I am charged with loco parentis. There is a gap between the two,
Until Google officially addresses (and fixes) this gap, I won't use it with my students.
(I hope your fame and power prompt someone at Google to look at this--it really irks me that corporations get away with this sort of nonsense by playing the "we're cute and different" card.)
Really--another cute Apple of Google or whatever ad, and I may toss my contents.
You can't enter into a contract, without your parent's consent, if you are under 18, so technically you can't do all kinds of things that people do routinely online. For example, you can't license your work under a Creative Commons license without your parent's permission.
My Dad, a lovable rogue, encouraged his young'uns to enter as many contracts as possible before 18, gaining the benefits without any real risks.
Just sayin'....
Hi Barbara,
Your 2.3 must be from the private Gmail terms of service. With GoogleApps in Education, the contract is between Google and the district, not between Google and the individual student, I'd say, an thus becomes a school-provide service. (Our students don't enter into contract with our bus companies, food service companies or other school contractors individually either.)
All the best,
Doug
Hi Michael,
I am afraid if will all wait for a tool that could never be used for "nefarious purposes," we'll all be waiting a very, very, very long time.
I was taught in library school that we could not serve "in loco parentis." We certainly have a professional obligation to show due diligence in helping students be safe - both physically and online, but no institution can promise a kid won't fall off the swings or encounter something unpleasant online.
All the best,
Doug
Hi Tom,
As I replied to Barbara, the student is not entering into a contract with Google - the school is. Students don't enter into individual contracts with any service provider for schools - bus companies, food service companies, cleaning services, etc..
All the best,
Doug
I think I'd like your dad, Michael.
Doug