Renzo,
I agree these work and they serve an important purpose. My focus was the idea of something being irrevocable. All contracts are potentially subject to challenge. To be sure the stronger ones can sustain a challenge, but given time and money any positive law (contract) can be subverted.
In this instance it serves its purpose. In the future, or should the issue reach a critical point (see credit default swaps) the point can be contested.
In the end, the clauses serve their purpose, which is what is needed in these circumstances. Having said that, I think this too will soon change. Copyright in the electronic age will reduce and remove these clauses. How one organisation can retain intellectual property right in perpetuity (especially on content generated by someone else) is going to be hard to defend when copyright expires.
I think it is the next area for the web as paper legal concepts are modified to meet the electronic age. For example, if I had wanted to copy the nytimes in 1932 there would have been little enforcement or wherewithal to do it. Now there is almost unlimited ability to reproduce and exploit the material. Mash ups and synthesis of a similar nature will start to erode the original value of the original author and reduce the belief that on can control something in perpetuity ie irrevocably.
To be sure, there will always be enforcement at the cash nexus (someone trying to profit directly) but the ability to do this diminishes further away and from the cash nexus.
The more the works are able to be reassembled the more diluted the property right and therefore its faster decay.
Best
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Room 4/10
Durham County Council
DH1 5UF
0191-372-8371
----- Original Message -----
From: This list is for those interested in Data Protection issues <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Tue Aug 24 18:23:32 2010
Subject: Re: [data-protection] Web Service Terms and Conditions
I think that this language does not deal with any data protection issue. It is a fairly standard licence in relation to intellectual property; the site wishing to ensure that it does have permission forever to do whatever might have been protected by the organisation's intellectual property in the uploaded content. (Despite Lawrence's comments and millions that might be spent on lawyers, I think it works - but then I've written a few!)
It does not mean that if that content contains personal data (as well as, say, copyright work) that DPA issues have been addressed. Quite clearly they have not.
Nonetheless, I'm not sure that that part of DP 7 you highlight (instructions) is the right thing to worry about. It sounds to me - difficult to be certain without knowing more - that in relation to any uploaded personal data the web service itself will be the (or an additional) data controller and therefore need not act on instructions of your employer (the original controller). It does however need to comply with 7th principle generally - ie security (but the site is - presumably - public, so that's a no-brainer).
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 24 August 2010 11:45
To: [log in to unmask]
Subject: [data-protection] Web Service Terms and Conditions
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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