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Kimbro Staken exploring creative use of technology and whatever else happens to seem interesting.
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Nasty license terms
From a click through license for the beta of IBM’s DB2 Viper database.
3. Rights In Data
You assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, or written materials that 1) are related to the Program and 2) You provide to IBM. If IBM requires it, You will sign an appropriate document to assign such rights. To the extent not otherwise covered by your grant under the first sentence of this Section 3, with respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, related to the Program and that you provide to IBM, You grant to IBM a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to include the foregoing in any product or service, and to use, manufacture and market any such product or service, and to allow others to do any of the foregoing.
I first read this as saying that anything you do with the software becomes the property of IBM. I’m not sure that’s what it says, but who knows. I shouldn’t need a lawyer to interpret the license for a piece of software that I’m evaluating.
What I think this is really trying to do is say that any feedback you provide to IBM becomes the property of IBM. I think the 2) You provide to IBM is the key, but I’m not a lawyer so how the hell do I know for sure.
This sucks, all I wanted to do was try out the software, write a few articles about it and see if maybe we want to use it in our systems, but until I know what that clause actually means I can’t even download it.
So here’s a question, why is it that lawyers are absolved of any responsibility for usability? We spend so much time worrying about usability of the software we build, but our legal agreements just get more and more hostile toward the user.
This entry was posted by Kimbro Staken on Wednesday, May 31st, 2006 at 6:29 pm and is filed under General. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.
June 1st, 2006 at 4:41 pm
You are being contacted because this blog contains written materials that are related to the IBM program. We will now assume all rights to your blog as well as the kstaten.com domain name.
All servers and routers that have distributed this blog will be confiscated and the internet now belongs to IBM.
June 2nd, 2006 at 8:55 am
Relax.
Take a deep breath.
If you actually want legal advice, call a lawyer. I am not a lawyer; this is not legal advice.
Otherwise use common sense. It says “data, suggestions, or written materials that […] you provide to IBM.” Nothing in that passage is about things you don’t provide to IBM.
Use the software it in good health.
June 2nd, 2006 at 10:20 am
Yep, that is what it says, and I did talk to a lawyer, or at least the contracts dept. at the publisher. It’s still a poorly written clause that looks much more alarming than it really is. This is a mistake on the part of companies that put out these licenses, hence my point about usability.
November 20th, 2006 at 7:12 am
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