James Governor's Monkchips

MSN Spaces: Is this policy for real?

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i keep re-reading this policy. Am i missing something?

I am assuming i have misunderstood the first section in bold. I will be talking to Microsoft within the next couple of days and should know more.

The second point in bold worries me a lot though. this is a consumer service. do consumers understand IP law? where are the helpful guidelines?

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to Microsoft related to the MSN Web Sites (a “Submission”), you grant Microsoft permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the MSN Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Microsoft will not pay you for your Submission. Microsoft may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Microsoft may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Microsoft Parties or any customer of a Microsoft Party.

2 comments

  1. This does not seem like too far of a stretch from IBM’s Terms of use that includes:

    “IBM does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to IBM will be deemed NOT to be confidential. By sending IBM any information or material, you grant IBM an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that IBM is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about IBM privacy practices on the Web.”

  2. but ibm isn’t hosting your average joe’s blog there. i am quite surprised i havent’ heard from MS on this yet–according to Scoble its a misreading of the langauge.

    the “required to do so by law” – does that allow copyright protection?

    pesky legal language…

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