AUP GONE WILD

28. August 2008, 16:27 | by WD Milner | Full Article |

The following is an excerpt from PicApp’s acceptable use policy.

10. In performing any Permitted Uses, you may NOT perform any of the following:

10.12. Use the Visual Content in such manner or context that is, or which may be reasonably considered to be, or on a web site or web page that may be reasonably considered to be, pornographic, racist, sexist, obscene, indecent, seditious, offensive, discriminatory, hate, defamatory, threatening, harmful, vulgar, liable to incite racial hatred, menacing, blasphemous, libelous, immoral or fraudulent, in breach of confidence, infringes on any third party’s intellectual property, privacy rights or other rights, or is otherwise illegal, unlawful or improper, or which is racially, ethnically or otherwise objectionable.

13. By accessing this Website and/or performing any Permitted Uses, You hereby represent, warrant and covenant that:

13.3. Your use of the Visual Content will not violate any applicable law or regulation of any country, state, or other governmental entity.

13.5. You are solely responsible for determining whether your use of any Visual Content requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Visual Content, you are responsible for consulting with competent legal counsel.

This has got to be one of the most “anal” AUP statements I have ever read. The provisions in 10.12 and 13.3 virtually make any of their content unusable, and place any user instantly in violation because unless perhaps it’s a picture of the most innocuous item available (maybe a grain of beach sand) it is certain to be illegal/offensive/racist/inciteful/discriminatory/vulgar/blasphemous (my favorite) etc. to SOMEONE, SOMEWHERE in the world.

13.5 is just ironic. This is owned and operated by a company whose very existence revolves around enforcing copyright claims for its clients yet it doesn’t even assure its own customers that they have the right to display the content IT PROVIDES.

It is becoming a sorry state in cyberspace, and what is going to eventually kill off the internet as a viable information resource as it was originally envisioned to be is not the hackers or crackers or file-sharers or espionage or cyber-terrorists, but the corporate suits, mostly in legal and marketing, who wouldn’t know one end of a keyboard from a pebble on the beach and for whom the be all and end all is the size of their bank accounts.

- 30 -

Categories: ,
Keywords: AUP,restrictions,ridiculous,ludicrous,useless

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