License terms - what are end user rights?

[Matty]

I've spent some time today trying to determine specifically what my
rights as an end user are if I download a model from the 3D Warehouse.
I've searched this forum as well. The most common answer is to quote
from what appears to be an outdated version of the ToS (this is from
section 4 of a previous version of the ToS):

Users have "[...] a worldwide, royalty-free, non-exclusive, perpetual
license to exercise the rights in the Content, as stated below:

1. to reproduce the Content;
2. to create and reproduce derivative works of the Content;
3. to display publicly and distribute copies of the Content;
4. to display publicly and distribute copies of derivative works of
the content."

However, the latest version of the ToS (http://sketchup.google.com/
intl/en/3dwh/tos.html) does not contain this clause and instead states
the following:

"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.
By submitting, posting or displaying the content you give Google a
perpetual, sublicensable, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish,
publicly perform, publicly display and distribute any Content or
derivative works thereof which you submit, post or display on or
through, the Services."

This seems like a contradiction to the previous terms, and would imply
that in order to use a model I would need to contact the copyright
holder for permission. Adding to the confusion is the following clause
from the current Digital Millennium Copyright Act page (http://
www.google.com/3dwh_dmca.html) which states the following:

"If your concern is with a model you posted to 3D Warehouse, please
note that by submitting, posting or displaying Content through the 3D
Warehouse, you grant Google and its end users a worldwide, royalty-
free, non-exclusive, perpetual license to exercise the rights in the
Content, as stated below:

1. to reproduce the Content;
2. to create and reproduce derivative works of the Content;
3. to display publicly and distribute copies of the Content;
4. to display publicly and distribute copies of derivative works of
the content."

In summary, it would appear that the latest ToS disallows any party
other than Google from reproducing, creating derivative works and/or
distributing any content from the 3D Warehouse without first
contacting the copyright holder for permission. However, this appears
to be contradicted by the information from the DMCA page.

So which is it?

Many modelers as well as game and virtual world developers will
benefit from having this question answered clearly.

[Colin Holgate]

On Nov 25, 2009, at 3:17 PM, Matty wrote:

> By submitting, posting or displaying the content you give Google a
> perpetual, sublicensable, irrevocable, worldwide, royalty-free, and
> non-exclusive license to reproduce, adapt, modify, translate, publish,
> publicly perform, publicly display and distribute any Content or
> derivative works thereof which you submit, post or display on or
> through, the Services."
>
> This seems like a contradiction to the previous terms, and would imply
> that in order to use a model I would need to contact the copyright
> holder for permission.

I don't think so, because you're effectively a sublicensee of Google, not the original modeler.

[Lorenz Eisermann]

Hi all,

Google seems to have streamlined their 3d warehouse TOS in order to
bring it into accordance with other service's TOS (like YouTube). Some
of the wording doesn't necessarily apply to 3d warehouse. In Section 8
it is implied that you are not allowed to modify or distribute Content
that is brought to you _within the Services_ like ads and sponsored
Content.
However, in clause 8.2 they are saying: "For the avoidance of doubt,
you may modify, distribute, and create derivative works of Content
uploaded by other users in 3D Warehouse."

It's always been hard to figure what Google is legally up to. In my
country there have been hundreds of lawsuits regarding copyright
infringements with content from Google services. I think Google makes
a distinction here: Hands off music videos and ads... go play with the
3d models.

Would be great to have one of Google's counsels as an interpreter
here.

Regards,

Lorenz
www.HausFilm3D.de

[Matty]

I'm cross posting this here because it's germane to the discussion:

http://groups.google.com/group/3dwh/browse_thread/thread/619354ed2f9ea76/16122312f36fab12?lnk=gst&q=matthew+schmidt#16122312f36fab12

Still trying to get a clear answer from an authoritative source.