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Thread: The world is going mad .. and people are stupid!(another silly licensing terms of use)

  1. #1
    A royal pain in the bum! arthurking83's Avatar
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    The world is going mad .. and people are stupid!(another silly licensing terms of use)

    Bloody GoPro!

    I don't know how I got there, but I saw a new item that linked to GoPro's new licensing scheme(rort!)

    I found a link to an article where Toyota is making an offroad vehicle (called the Tacoma) with a GoPro mount a standard accessory.
    My first thought was "seriously" .. what an idiotic idea to start with, but then again this is the way the world is going .. GoPro mad!

    The lure of it being standard fitment to your vehicle may be alluring to the average idiot(who doesn't realise that you can probably do this yourself!) .. but who am I to question what other people percieve as good value equipment.
    You don't get the GoPro in this off road ute, you only get a way to mount one. You still have to buy a GoPro(if you haven't already got one).

    My generally suspicious nature can only see this as a deal create by 'global partners' for the sake of a few $'s between those partners .. I can't see through the thickened BS of a deal like this where there is a service or product that is of benefit to all Tacoma purchasers!(are Toyota assuming that all of their Tacoma purchasers plan on buying a GoPro, or already have one).

    To my mind, I can only assume that GoPro give these things to Toyota, pay a small fee to have them fitted as std equipment to the Tacoma, to lure folks into buying more GoPro's, and or upload the generated content to GoPro's new service .. GoPro licensing.
    (I won't link to it, but if you're interested yourself, google it .. I think it's TOS suck massively!)

    Firstly:

    GoPro Content License Terms of Use

    These GoPro Content License Terms of Use (the “Agreement”) is a binding agreement between GoPro, Inc., a Delaware Corporation (“GoPro”) and the entity for which you are an authorized representative (the “Licensee”). GoPro owns or has the rights to the video or photographs (the “Content”).
    This is straight from the TOS from the GoPro site.

    I read this about 4 or 5 times, and my only understanding of this crap is that you buy their hardware, you create your content, you risk your life, limb, and any legal actions against you .. upload the content to the service .. pocket half a 'peso' or so .. and all that content is now GoPro's property!

    And to rub salt into your already festering wounds ..

    2.4: Other than as permitted in Section 1, Licensee may not: (i) make the Content available in any environment or location that is accessible by persons other than Users; (ii) make the Content available in a manner that may allow or invite a third party to download, extract, redistribute, modify or copy the Content; (iii) include the Content in an electronic template intended to be reproduced or published by third parties; or (iv) use or display of the Content on websites (without the written approval of GoPro).


    now that GoPro owns your property, you can't use it, or allow anyone else to use it ever again!
    So if by some miracle, you happen to create the next billion dollar blockbuster .. bad luck. GoPro are making that billion dollars now friend .. not you!

    3.1: Copyright. No ownership of any copyright in any Content shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, GoPro grants Licensee no right or license, express or implied, to the Content.

    Forget the salt .. now for the chilli!

    There are more sinister terms in this agreement as per usual .. indemnify GoPro if any illegalities arise due to the content in the material uploaded
    .... so not only do you pay for their products, and allow them to make money of your stuff, if any legal actions arise as a consequence of the content you uploaded, your on your own there too!
    And of course any and all content must attribute GoPro in some manner .. obviously all their hard work must be acknowledged somehow!

    It won't be long before we see this invaluable product(the mount only! .. not the camera) as std fitment to the Hilux too I reckon too!
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  2. #2
    Member graham68ktm's Avatar
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    so they only want to own the good stuff but if it turns bad your on your own ? great customer relations !

  3. #3
    Ausphotography Regular enseth's Avatar
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    Great post Arthur. I wonder how many wont bother to read the fine print and actually believe the photo & videos they took belong to them. What a con job. Is it getting to the point where you can make any rule you like by inserting it the Terms & Conditions? Surely not!

  4. #4
    http://steveaxford.smugmug.com/ Steve Axford's Avatar
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    What exactly are these the terms and conditions for?

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    A royal pain in the bum!
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    arthurking83's Avatar
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    Quote Originally Posted by enseth View Post
    ...... I wonder how many wont bother to read the fine print and actually believe the photo & videos they took belong to them. ....
    For the Average Joe .. zero!
    The Average Pro tho probably won't get past the first two lines of text!

  6. #6
    Administrator ricktas's Avatar
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    Apparently (and I am no legalese ex-spurt) this is the licence for people to use content that GoPro make to promote their products, not the GoPro Device licence. Although that is really unclear on the licencing page. But is for stuff like advertising video and images that GoPro produce and supply for people selling and promoting their products to use.

    It is not about user generated content.

    Though reading it, it is ambiguous that it is their own content that they are controlling, not the user created content.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

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    Member MrQ's Avatar
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    I'm with Ricktas - it reads more like standard copyright protection for GoPro's own content rather than them trying to take ownership of user generated stuff.
    -- Mister Q

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    http://steveaxford.smugmug.com/ Steve Axford's Avatar
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    Thanks Rick. It just sounded weird for anything applied to user generated content.

  9. #9
    Moderately Underexposed I @ M's Avatar
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    After a quick search ---
    Along with AK's mention of a "new service" it appears go pro are offering some sort of facility for video makers to upload their content to the go pro site and that is what the T & Cs relate to.

    https://gopro.com/news/gopro-unveils...censing-portal

    https://licensing.gopro.com/#/login?nextPath=%2F
    Last edited by I @ M; 26-07-2015 at 1:36pm.
    Andrew
    Nikon, Fuji, Nikkor, Sigma, Tamron, Tokina and too many other bits and pieces to list.



  10. #10
    A royal pain in the bum!
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    AhA! .. yeah, now I geddit! (I'm not a lawyer type, and confused the term for licensee .. with that of licensor)

    silly me.

    but I can't seem to find any rights information for those that do upload content then.

    Can anyone find the TOU for the content providers anywhere?

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