FA+
Shop
[FA] Nothing to see here.
16 years ago
USTREAM ToS wrote:(i) License Grant. Ustream.tv does not claim ownership rights in your User Submissions. However, by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Ustream.tv or on the Site, you hereby grant Ustream.tv a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Ustream.tv. Ustream.tv will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Ustream.tv, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Ustream.tv to give to Ustream.tv the full benefit of the rights granted to Ustream.tv by you.
I read that such things aren't uncommon on other free hosting sites, but um, screw that that. Any ToS which gives itself the right to exploit something can go suck a fuck.
Besides, you're not allowed to draw porn on USTREAM. No, really. Not even in private channels. You can have mature-rated channels, but no porn, which leaves... graphic displays of violence? But, no porn. Bloody brilliant.
I realize that the site needs to give itself the right to store, re-compress, and rebroadcast user content for people to be able to view it, but I really just don't like the wording they use. It leaves too many open doors. Perpetual and irrevocable? What if you decide you want to take down your content? Modify, adapt, and prepare derivative works from? Aside from standard algorithmic compression schemes, why do they need to modify it?
Thanks to
crux for pointing this out.
Apparently it doesn't bother anybody that Ustream retains unlimited and indefinite rights to modify and reproduce anything you submit on the site for any reason they see fit on any medium or technology that may ever be developed. Because that's what other video streaming sites do, so it must be okay, right? I thought this was the same group of people who got their panties in a twist when their art is reposted by somebody else, and suddenly they don't care about unlimited, royalty-free reproduction? Fuck it, there goes that journal.
I read that such things aren't uncommon on other free hosting sites, but um, screw that that. Any ToS which gives itself the right to exploit something can go suck a fuck.
Besides, you're not allowed to draw porn on USTREAM. No, really. Not even in private channels. You can have mature-rated channels, but no porn, which leaves... graphic displays of violence? But, no porn. Bloody brilliant.
I realize that the site needs to give itself the right to store, re-compress, and rebroadcast user content for people to be able to view it, but I really just don't like the wording they use. It leaves too many open doors. Perpetual and irrevocable? What if you decide you want to take down your content? Modify, adapt, and prepare derivative works from? Aside from standard algorithmic compression schemes, why do they need to modify it?
Thanks to
crux for pointing this out.Apparently it doesn't bother anybody that Ustream retains unlimited and indefinite rights to modify and reproduce anything you submit on the site for any reason they see fit on any medium or technology that may ever be developed. Because that's what other video streaming sites do, so it must be okay, right? I thought this was the same group of people who got their panties in a twist when their art is reposted by somebody else, and suddenly they don't care about unlimited, royalty-free reproduction? Fuck it, there goes that journal.
Google did it for a while before everyone went apeshit and they reverted back, and didn't some mail service do the same ?
Daffy Duck: "IT'S MINE! YOU UNDERSTAND? ALL MINE! DOWN DOWN DOWN! GO GO GO! MINE!!!" *stomp stomp stomp*
It almost feels like you are forfeiting freedom for convenience D:
Almost feels like buying a MacYeah, we really need to get in the habit of reading the fine print.I know some pascal if that helps :D
but i wouldnt use ustream anymore anyways, the new interface blows, the whole page makes the browser lag like hell.
justin.tv is way better!
But Twile IS NO BRIT, JUST AN IMPOSTOR of the word BLOODY.
:P
Lot of young people on DA, ya see...
I can see it being a problem when using a site like DA, but I guess I don't see the issue on a site like Ustream.
Plus it's a standards thing. They provide a service supported by advertising on the site. Fair trade. There shouldn't be any "now we can do what we want with your shit" stuff. Period.
heh, but other than that, justin.tv seems to work pretty decently as an alternative, from what I've seen of it. Just make sure to add "/old" at the end of the url to get the older (and arguably better in my opinion) page layout.
grant Livestream a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and otherwise exploit your Produced Content solely in connection with the Livestream Service and Livestream' (and its successor's) business, including without limitation for promoting and redistributing your Produced Content or part of or all of the Livestream Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content; and
grant each user of the Livestream Service a non-exclusive license to access your Produced Content through the Livestream Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Produced Content solely as permitted through the functionality of the Livestream Service and under these Terms of Use.
USE FUCKING JUSTIN.TV
Unless otherwise agreed to in a written agreement between you and Justin.tv that was signed by an authorized representative of Justin.tv:
a) By distributing or disseminating Lifecaster Content through the Justin.tv Service, you hereby grant to Justin.tv a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Lifecaster Content, in any media formats and through any media channels, in order to publish and promote such Lifecaster Content in connection with services offered or to be offered by Justin.tv. Such license will apply to any form, media, or technology now known or hereafter developed.
7. Lifecaster Content License Grant; Representations and Warranties.
7.1 License Grant to Justin.tv.
Unless otherwise agreed to in a written agreement between you and Justin.tv that was signed by an authorized representative of Justin.tv:
a) By distributing or disseminating Lifecaster Content through the Justin.tv Service, you hereby grant to Justin.tv a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Lifecaster Content, in any media formats and through any media channels, in order to publish and promote such Lifecaster Content in connection with services offered or to be offered by Justin.tv. Such license will apply to any form, media, or technology now known or hereafter developed.
What it should really say is that you grant them the right to store, compress, and redistribute content for the purpose of live streaming and watching previously recorded streams on demand. Clearly they have to redistribute the content, that's the point of the site. And they might need to compress it for storage purposes, if you want your shows to be available for viewing after they're broadcast. That's all they should need to do, though, and that's all their ToS should allow them to do.
Until you see this on places like CNN, Fox News, and MSN.com... don't expect the site to just implode with "YOU'RE SO UNFAIR".
Oh and like Immelmann pointed out, this happens on other sites too, so it's still not that big of a deal. Yea, it sucks but really, that's legal crap for you.
It's not bothering me if they decide to sell me playing a PS3 game (rather badly) to someone else. I don't really care.
Just because other people do it doesn't mean it's not a big deal.
Plus, this happens all the time, it's nothing new.
Or it's just proof that streaming sites are going to be part of the skynet network when it goes online.
The key thing that pretty much shows they don't mean harm is in the first line:
"Ustream.tv does not claim ownership rights in your User Submissions."
You still own it, so you can file a claim if they were to try and make money off of it or such. It'd probably even stand up in court if it was with a jury. I understand a lot of the OMG WTF D: over it, but streaming sites couldn't exist without this license in place, as badly-worded-sounding as it almost always is.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
It's on every single site with streaming media.
Wait, apparently it does when people stir up shit about it xP I honestly don't blame you for not liking the wording, but there's not much you can do aside from stop using the services that have such clauses. That's your prerogative.
They do use it. It's legalese for ordinary things "you're letting us serve your video over the Internet, converting formats or resizing or reducing colors as necessary to be displayed on computers, mobile phones, or whatever other devices we decide to support; you're not getting paid for letting us do this; we may run ads on your video to make money off it; people may embed your video into their own websites; etc." The trouble is the actual language looks ridiculously broad for the people who read it. Of course it may well be a little broader than necessary, but 90% of that is what you want a video site to do, just expressed in scary language.
Overall it is the video runners choice. Who knows how much money they need to pay to keep hosting videos and they get money from adds no 2 dollars a month from the 100,000 users who uses it. But ya a privet channel should be enough to allow porn.
Say, for example, that you... I don't know, do a live comedy skit. Ustream could slap it on a DVD and sell it without you being able to do a damn thing about it. Royalty-free license, they wouldn't have to give you a dime. They can do whatever they want with videos you put on their site, including edit them, put them on new media, and do it without your consent, or against your direct wishes. This extends to technologies and media in existence or which may come along in the future, and will never expire. It is ass.
I have never tried Ustream and probably never will from the amount of times I have heard of people being banned or having crap like this getting pulled on them.
The less sights and places one affiliates themselves with, the less crap you will have to deal with as I see it, especially in the art-theft department >.=.<
From what I see, someone can pay them some cash and get the rights to your art, as well as the right to put their own name on it.
Did you draw your character on ustream? Better hope Disney didn't notice, because they could pay ustream some cash and get your character to use in a movie. Much cheaper than paying you what you'd ask for, I'm sure.
I can think of a dozen other bad things that could happen. Those terms need to be more limited.
((Note: I'm not an artist. I'm just enough of an asshole that I can see how I could exploit something like this. And if I can see it, I'm sure they've allready thought of it.))
They might have to make a small change or two to make it a "derivative" work, but I think that line there would allow them to do what I'm saying.
Wouldn't it?
That is despite using a password. :|
Reason?
"Nudity"
Thats what I get for scribbly anthro bunny cock.
Screw them.