Phil,
My guess is that this is standard language that is not considered with any great scrutiny. I would suggest that this is language borrowed from the print age in that one would expect that the story would have a natural period of decay. No one is suing or asking for a retraction on a newspaper story written 50 years ago for example. What newspaper wants to have to defend against that possibility, thus the nature of it being irrevocable. In the electronic age, it is likely that we will have sunset clauses within such documents and postings so that they disappear "naturally" within the electronic realm.
As to it being irrevocable, I have my doubts. If you have deep enough pockets, and good enough lawyers, you will be able to revoke the irrevocable. One only need to consider the fine print that was enshrined in the Credit Default Swaps. The standard language within those contracts made it appear that they were bullet proof. You bought the CDS and it went sour so you were stuck with it so the belief went. However, where there are billions of dollars at stakes, things can appear open to question.
The banks on the receiving end of CDSs have seen it within their financial interest to spend hundreds of thousands of dollars to examine and contest the fine print within these "bullet proof" standard language contracts.
You may want to contact the company in question and see if they will revise the language within your contract. They may say that this is standard language to guard against possible caveats and actions against them. I would be interested in their reasons for it being deemed irrevocable.
Best,
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
0191-372-8371
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 24 August 2010 12:36
To: [log in to unmask]
Subject: Re: [data-protection] Web Service Terms and Conditions
It is actually a blogging / commenting service.
Whilst the separate privacy policy appears to acknowledge our rights it is the word "irrevocable" which really concerns me since whatever the 'policy' the contract says otherwise and that raises principle 7.
Just to complicate it further it is based in USA and they are not signed up to Safe Harbor ....
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]<mailto:[log in to unmask]>
Phone: 029 2087 3346
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Fax: 029 2087 3349
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 24 August 2010 12:22
To: [log in to unmask]
Subject: Re: [data-protection] Web Service Terms and Conditions
I think the answer depends upon what is being licenced. After that it depends upon the clarity with which this is stated to the person making the submission.
The conditions are not unusual at all. Almost all websites where a user is allowed to submit some sort of "piece" has those or similar conditions. They are broadly intended to stop a user saying "No, take it off again" since these websites normally mirror print media, where recalling a piece is impossible, and where a byline is almost always part of the submitted piece.
So. if I am to submit a story to you, for example, I expect my authorship to be part of the story details and I choose to grant the licence, or I choose not to submit at all. But this is the same as submitting a story to a magazine for publication.
I don't like the words as they stand. I think they need to be explained in clear English, too.
On 24 Aug 2010, at 11:45, Phil Bradshaw wrote:
My organisation has signed up for (but not yet used) a web service.
Given that "User Submissions" my well include personal datat does anyone think "... shall grant ... a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions ..." is compatible with the DP principle 7 requirement that "the data processor is to act only on instructions from the data controller" ?
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