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Google Chrome
Version 0.2.149.27 / Build 1583
by Google

The TOS Issue
September 7, 2008

Google Chrome: Introduction • Google Chrome: In Use
Google Chrome: The TOS Issue • Google Chrome: Conclusion

Google Chrome Beta
by Google
Features: A web browsing interface in the familiarity of Google's other applications. More independent tabbed browsing which leads to less crashing of other tabbed websites within the same browser window.
Official Website: http://www.google.com/chrome

As if we just can't have enough drama and controversy in these interesting times, we have some Google Chrome users who are frowning at Google's Terms Of Service (i.e, "TOS") for using Google Chrome. I wanted to comment here on what I think of the TOS, and how afraid I am of using Google Chrome, and to what I extent I think Google will take possession of everything I have created over the years on DigitalDingus, and my thoughts on the extent Google will be infringing on my intellectual property rights.

If You Created It...It's Still Yours

I will probably get a lot of emails from lawyers who would love nothing better than to argue, but legal arguing, for the most part, is for the courtroom. The courtroom is where issues are resolved, and the judge decides the merits of the case brought by the plaintiffs and defended by the defendant.

But emails from lawyers aside, what you create...is still yours. There are reasonable waivers of ownership, and there are unreasonable waivers of ownership. Let's take a look at Google's own TOS and what it says specifically to your own property which you created:

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
Google Chrome TOS as of September 5, 2008

Well, there you have it. I'm not sure why others are getting their legal panties in a wad over in other areas of the TOS, but this part specifically says you retain your copyrights and any other rights of the content you submit.

Originally, Google had an additional few sentences with 11.1 which went like this:

...By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license 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. .
Google Chrome TOS pre-September 4, 2008

Now honestly, I have to ask Google just what the hell they were thinking here. This wouldn't hold up in court. In fact, this would ruin Google. If a case actually was successfully won by Google in court against a common person who was just surfing the net and viewing images of his invention with a Google application, and the rights to use the images without any type of responsibility or compensation to the person was upheld, Google would be a bookmark on how not to word a Terms Of Service agreement.

Let's look at another section of the TOS:

8.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so.
Google Chrome TOS as of September 5, 2008

In this section (8.5), I am totally responsible for the the content I create, transmit, or display while using Google Chrome Beta. Now, just by taking these two sections of the TOS, it appears I am perfectly protected within the parameters of the content I create myself, and any copyrights I have, are in fact, not handed over in any way to Google.

So folks, while Google's TOS does have legal language which can put some into a fit of horror, my opinion on the matter is, you're just fine. You won't have the Google Police showing up at your door, demanding your original documents for content you created and viewed within their browser. This is simply conspiracy theory wacko nutjub mythology. No courtroom in the United States is going to assign your property rights, physical and/or intellectual, to a company which implies they have been transferred to them by you due to their ad nauseum TOS agreement you simply checked on their application. This simply would not fly in a courtroom. Well, it might fly, but it wouldn't land on its feet.

Legal Lingo Sucks

Yeah, it really does. What appears that happened, is Google used the Cut & Paste feature (which was probably designed by Microsoft so they now own Google's code!) in their Google Chrome Beta TOS, and simply didn't think about the implications of the language, and how a few people would be reading the TOS more than they would be surfing. I'm sure Google learned from this mistake, and hopefully, they can put some people at ease as they revised their TOS recently.

I'd really like to get a legal precedence from a lawyer who can provide evidence an online company obtained a legal license to use a person's copyrighted material or intellectual property from simply having the user agreeing to use the company's application which inherently required information to pass through it in order for the application to be useful for the user--which is why the user downloaded the application in the first place.

So, we have a few factors which lead to the massive phobia of legal lingo. On the one hand, we have those who read a TOS and assume the worse (without giving any legal precedence to justify such a response) and to make things worse, Google was not paying attention to the language of their TOS and somebody got carried away with legal verbiage.

Google's Controversial Legal Lingo Remains In Their Other "Services"

If you download any of Google's other applications, you will see the additional TOS stipulations which have many concerned. But the reality is, your conversations with mom and dad are not going to be posted on the net. Your conversations with your coworkers at your company, are not going to be posted on the net. The picture you just took of yourself and sent to im19nsexy4u on an online chat...is not going to be posted on the net by Google.

To date, I haven't seen any of my own original content being used by Google in a negative way, which was contrary to my interests.