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CBS News/ April 26, 2012, 9:45 AM

Will Google own your files if you use Google Drive?

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File photo of the Google logo.

/ Martin Keene/PA Wire
(CBS/AP) Google is already facing spasms of suspicion and confusion as it tries to persuade people to entrust their personal documents, photos and other digital content to the company's new online storage service.

Full coverage of Google at Tech Talk
Google Drive: first impressions, who owns what

That became apparent shortly after Tuesday's release of the long-awaited Google Drive service. Before the day was over, technology blogs and Twitter users were picking apart a legal clause that made it sound as if all the users' content stored in Google Drive automatically would become the intellectual property of Google Inc.

That could have meant authors writing their next novels and employees collaborating on spreadsheets with confidential data would find all that suddenly belonging to Google.

As it turns out, the worries are probably unfounded. The language is actually standard legalese to give Google the licensing rights that it needs to deliver on the services that users request.

The way that Google keeps documents in its data centers requires the company to obtain a license to "host, store (and) reproduce" the files. When a co-worker needs to read a document in a different language or even make minor revisions, Google needs the rights for "translations, adaptations or other changes."

Even the everyday occurrences such as someone watching a video or pulling up a text file at an Internet cafe requires Google to retain permission to "publicly perform" or "publicly display" such content.

That doesn't mean Google will take a screenwriter's work in progress and produce a movie off it, even though the legal language might make it seem as if Google could.

"Our terms of service enable us to give you the services you want - so if you decide to share a document with someone, or open it on a different device, you can," Google said in a Wednesday statement.

The hubbub still may do some good by prodding more people to read the rules governing Internet services such as Google Drive more carefully before signing up, said Corynne McSherry, an attorney specializing in intellectual property for the Electronic Frontier Foundation, a digital-rights group in San Francisco.

She said she also hopes the publicity causes more people to ponder other potential pitfalls, such as privacy abuses and security breaches, before deciding to keep their digital content in a storage locker at Google Drive or similar services. As the owner of the Internet's dominant search engine, Google has faced increasing scrutiny over the trove of data it gathers about Web surfers and how it uses the information to tether ads to people's personal tastes and hobbies.

Even discerning readers of the legal disclosures known as "terms of service" can still be flummoxed by some of the turbid language.

That seems to have contributed to the misperceptions about Google's designs on the content that will be kept in its storage service.

The confusion centered on a passage advising that anyone uploading or submitting content to Google Drive will be granting Google "a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content."

As those words circulated on the Internet, the fears about Google Drive undermining intellectual property rights mounted.

It was troubling enough for The New York Times, the third-largest U.S. newspaper, to send out a note discouraging the roughly 1,000 employees in its newsroom from storing files on Google Drive until there's a better understanding of the intellectual property issues and how the service works.

The uproar might have died down if more attention had been paid to a straightforward statement leading up to the paragraph that set off the alarms.

"Some of our services allow you to submit content," Google says in its disclosure.

"You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours." Another fine point was largely glossed over in the fuss over Google Drive. The same terms have applied to dozens of other Google services, including Gmail, since March 1. Documents and photo are frequently sent as email attachments and stored on Gmail, yet there

hadn't been any major concerns raised about that material becoming Google's intellectual property.

The passage granting Google licensing rights to content transferred or stored on its services is fairly common among Internet services, McSherry said. The licensing requirements are "an artifact of copyright laws that no longer work in our modern world rather than any evil intent on Google's part."

Microsoft's rival storage service, called SkyDrive, also imposes a content licensing agreement similar to Google Drive.

Dropbox, a rapidly growing storage service, tells users that "we may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction .... You give us the permissions we need to do those things solely to provide the services."

Like Google Drive, both SkyDrive and Dropbox stress that content stored on their services remains the property of the user.

© 2012 CBS Interactive Inc. All Rights Reserved.
15 Comments Add a Comment
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barbaram99 says:
I keep my stuff on my machines...I burn my documents to records..same for photos..If I need to store my documents/photos..they are burnt to records.
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omnibus66 says:
Hard to believe that anyone could be so stupid as to willingly give others access to sensitive, private, personal information. (But then there's Facebook, which proves that there are indeed many, many stupids) Put it on a flash drive, remove it from the computer, and it's safe. So, so simple.
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Jim1900 says:
While the terms help define the ownership and licensing of the material stored on the Google drives, they still do not seem to restrict the "use" of that material by Google. If I were the New York Times, I would insist on restrictions on how Google may use the material (i.e., only in conformance with the owner's requests for sharing it or whatever).
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farmerbb says:
Don't consider myself knowledgeable here, but I think there is an issue in that the U.S. government can seize data, and if you happen to live in a different country, you have no rights to keep your own data private. Someone better informed than I could perhaps speak up and clarify........
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hypnotoad72 says:
http://news.cnet.com/8301-1023_3-57421406-93/google-drive-terms-of-service-a-toxic-brew/

https://www.decryptedtech.com/index.php?option=com_k2&view=item&id=673:google-tries-to-own-all-of-your-data-with-google-drive-just-like-it-did-with-chrome&Itemid=139

ChromeOS:

http://talkback.zdnet.com/5208-12691-0.html?forumID=1&threadID=71841&messageID=1388017&tag=content;col1

"Royalty free copy".

Google DOES take intellectual property.

They might take a script, that does not mean they will make a money, but if they see profit in your work, they will try to use it before you do. If they get the goods out first, you might own it, but you gave up your rights to even a single penny.

It's impossible to spin any of this in a pro-customer way.
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Roaminbear says:
Earlier today Google launched it's latest attack against it's perceived "Adsense enemies" and has practically destroyed it's own search engine.

And this is not even getting one line of coverage from CSS news?

If this isn't news, what the heck is?
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Roaminbear says:
Earlier today Google launched it's latest attack against it's perceived "Adsense enemies" and has practically destroyed it's own search engine.

And this is not even getting one line of coverage from CSS news?

If this isn't news, what the heck is?
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Bojax39 says:
So exactly what does Google mean when they say....

"When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content."

I can tell you what it means.....

IT MEANS if you allow Google all the rights listed above in what amounts to perpetuity, then Google literally owns that content no matter what other weasel-worded fuzzy logic they feed you to convince you they don't.

SOLUTION? Hard drives are dirt cheap. Store your junk locally and tell Google to go to hell.
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Jhihmoac replies:
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Agreed...External drives, flash units, SD cards all hold mucho data and are cheap...
barbaram99 replies:
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That is right...Store it on yer machines..Burn it to records in case ye have to do a clean install/system recovery..I have burners in my Home and Notebook PCs..I have heard of cloud...I won't use it..If yer machine don't have a DVD burner..buy one..Ye need it. I have never used a key drive..Some call it a thumb drive..
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bonzothemonkey says:
These new policy declarations by and between Facebook and Google are like Hitler and Stalin dividing the projected spoils of Europe between them back in 1941! And just when did it become alright for these companies to take control of the Internet?? And--most importantly--what the hell can be done to stop it???
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Paul_I says:
Would we allow a bank to rifle through the contents of safety deposit boxes?
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