MJ Ray schrieb:
Patrick Ohnewein patrick.ohnewein@lugbz.org wrote:
Where is the problem?
One that I spotted: it is not possible to copyleft/GPL/ShareAlike anything on YouTube reliably, as YouTube can sublicense under whatever terms they want if it promotes themselves.
Here is the interesting part:
<SNIP>
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the YouTube Website.
</SNIP>
For my understanding the submitter is transferring the rights "to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business"
And granting the right to YouTube do sublicense this rights.
What I don't know and understand is, if this means that YouTube has the right to reduce the freedoms on the content.
Calling that fine for free content is similar to saying that only being able to use BSD-style terms reliably would be fine for free software: it's technically true in one way, but hides some big issues.
Hope that explains,
Yes, if the submitter grants the rights to YouTube to restrict the freedoms, it explains it very well. Thank you!
INAL and no native English speaker, so I would like some help on this.
Happy hacking! Patrick