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I'llll...have to think seriously about these, Doug. I'm sure they're probably "standard", but, for example:
3.2: " You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the Conversations Network service, including, without limitation, the API, or any aspect or portion thereof, including without limitation, source code and algorithms."
Heck...I've come close to giving you advice on how to improve the DDL of the tables behind the scenes here, commented on algorithms, etc. In addition, your APIs aren't exactly revolutionary...I believe some of it was based on ideas from other APIs like Friendfeed, etc. That being said...I guess 3.2 (iv) somehow magically gives away my rights to my feedback, though. Nice. Lawyers are clever, aren't they? (I realize that's something that was probably part of the Netflix ToS; not suggesting you're being nefarious).
I'm just not a fan of this sort of thing.
3.2 Conversations Network Property. As between you and the Conversations Network, the Conversations Network retains all right, title and interest, including without limitation all intellectual property rights, in and to ... (ii) the Content available through the API;
Some of the content available through the API is CC-licensed (descriptions of many podcasts, for example). I don't have any idea how this affects that content, but I really don't want to have to try and figure that out.
1.9 Advertising. The Conversations Network reserves the right to include advertising or any other materials in any portion of the API. Any such advertising shall be not modified, obscured or deleted in your Application.
If I'm trying to keep track of my listening via queues at CN, and you insert advertising into the JSON data stream, I'm gonna be honest...I'm not going to display it to myself. (or anyone else, if I use a Google App Engine app or something to manage this). If that's a deal-breaker, I guess we'd better bring that up now.
I guess part of this comes from the fact that you're taking terms of use from a commerical entity (Netflix), whose content is fairly restricted copyright-wise, and applying them to the non-profit CN and content that is in some cases CC-licensed. But I'll honestly need to think about whether I'm going to inadvertently step on some of these provisions.
If it comes to not using the API, I may still try to figure out a way to at least push my ratings up to the site. But I may have to bail on the rest of my work to actually use collections as listening queues, etc. Nothing personal, but I may not want to wade through the potential minefield of this legalese just to have a cache of the RSS feeds available with an (admittedly nice) API already built on top. That part I can already do.
For those who may be freaking out about our API Terms of Use, if it helps you feel any better, know that our lawyers are from the team that do a lot of work for Create Commons and EFF. Openness and fairness aren't at odds with contracts. The reason CC exists isn't to eliminate licenses, but rather to standardize them. Take a look at a full-length CC license and you'll see that it has no shortage of legalese.
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