Beware of Google Chrome, for it owns all your content
Some hate it, some love it, but almost everyone is blogging about Google Chrome, released today. Personally, I can’t run it. For one, the “open source” variant, Chromium, requires build tools from Microsoft, specifically Visual Studio. I’m told that it “almost” compiles under VC++ express edition, the free variant with just C++ from Microsoft, but I’m not about to do two huge downloads just to see what “almost” really entails.
So why not just use the windows build, you ask? Well, there’s the small detail of an EULA you have to agree to. A fairly nasty EULA, in fact. One which grants Google the right to use any of your content that you transmit through, or display on, Google Chrome.
Don’t believe me? Read the following carefully, quoted from http://www.google.com/chrome/intl/en-GB/eula_text.html
Google Chrome Terms of Service
These Terms of Service apply to the executable code version of Google Chrome. Source code for Google Chrome is available free of charge under open source software licence agreements at http://code.google.com/chromium/terms.html.
1. Your relationship with Google
1.1 Your use of Google’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up and sets out some of the terms of that agreement.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Google will treat your use of the Services as acceptance of the Terms from that point onwards.
9. Proprietary rights
9.4 Other than the limited licence set forth in Section 11, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights that subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.
11. Content licence from you
11.1 You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give Google a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content that you submit, post or display on or through the Services. This licence is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Google to make such Content available to other companies, organisations or individuals with whom Google has relationships for the provision of syndicated services and to use such Content in connection with the provision of those services.
11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Google to take these actions.
11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above licence.
Emphasis mine. Seems fairly clear cut to me… Artists, authors, developers etc. should beware of using Google Chrome for any of their work, even just test-viewing it.
Now, what Google can actually do with their licence, or how they will know what content they actually have a right to, I don’t know. If I could run their software without agreeing to this EULA, I could probably detect any attempt to call home, and so could thousands of other people, so I doubt they’re quite that brash about it. But the legal right alone is disturbing.
Update
Google has now adknowledged that this was a mistake in adapting an existing EULA, and have removed the offending 11.1 paragraph.