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Tourist
Posts: 6

What are you guy thinking with this IP grabbing?

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I've been very pleased with the Hero9 and the mods and all and enjoying the ease of use of the cloud service until today I get a email where you have made stills from my videos and put them into unsecured email and in a process that is outside of my control. If this wasn't bad enough I then find in your terms of use #6.

 

"#6 User Submitted Content

You are solely responsible for any Content you submit, post, display or make available through the Service (your “User Content”). Unless otherwise agreed in writing, GoPro does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. By making available User Content through the Service, you hereby grant to GoPro a worldwide, irrevocable, perpetual, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to use, copy, adapt, modify, distribute, reference, store, cache, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such User Content in any form, medium or technology now known or later developed for any purposes, including for both commercial and non-commercial purposes without compensation to you, except as otherwise provided in the GoPro Privacy Policy as it relates to your personal data and private Content.

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to GoPro the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the Content or GoPro’s use of the User Content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation."

 

Are you people actually laying claim to use any IP content that is uploaded by uses via your subscription cloud services for any reason what so ever in any way shape or form in perpetuity? I can't believe this has not been a huge outcry on the internet about this. It's one thing for a free service to try this, but a paid platform for content creators!  I've only been testing this out, but if this is the game you are playing I cannot upload anything more through your service, and likely will not buy any more products. Please tell me I'm mistaken, as I do like the products and would likely buy many more over time. This is just so shocking and outrageous and highly disapointing.

Hiker
Posts: 51

Re: What are you guy thinking with this IP grabbing?

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HOLY CRAP!!!!!! I'm going to delete all my uploads and cancel my subscription. Now I know why it's so cheap at $50/year. They are selling our content...... What's wrong with you NoPro people?

Tourist
Posts: 6

Re: What are you guy thinking with this IP grabbing?

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I'd wait till they respond here. I'm hoping the TOS is trying to cover their UGC program where you intentionally submit images in hope of prizes and recognition that they do offer those for 3rd party licensing like Getty images (that much is known as part of their business model), But it's hard for me to be sure here that when they reference back to the privacy policy if they are making any claim to video I have uploaded there and then what if I make share or link out. The video would be kind of public to anyone who has that link, but only until I remove the link. I hardly want to be giving a perpetual license for use when I revoke the link. The TOC is very unclear and I feel like it needs to make clear that your uploading into your privet media library is not subject to this very broad and perpetual grant of use. They need to have some rights to make copies and do things in order to just provide the service, but selling our stuff and use in public display outside of your own publishing intentions should be off the table for our privet content. So I'd like to see them respond to this. Video in our libs could be or any subject matter and expose information that absolutely should not just be subject to their exploitation through use of the service.

Tourist
Posts: 3

Re: What are you guy thinking with this IP grabbing?

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I really hope we get an answer on this. Even a platform like YouTube which is free understands that your content belongs to you. 


I think they are referring to content posted publicly rather than privately but even still, that is not the way to treat your customers. There should be options to allow gopro to do all these things or not to, or just as needed to display the content. 

 

If this went to court it would be a PR nightmare. 

 

Of course when you upload content to any cloud service you could get hacked and have all your content stolen. That's how a lot of things leaked but I don't think anyone would touch a gopro subscription if their content gets licenced by gopro and sold. 

Tourist
Posts: 6

Re: What are you guy thinking with this IP grabbing?

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Me too. I bet this question goes well beyond what a standard support moderator feels able to address, but still be nice to get a note that they are asking legal about the concern. Since this is their only support option, I guess the laundry will be aired in public. 

GoPro
Posts: 20,465

Re: What are you guy thinking with this IP grabbing?

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Thanks for flagging this concern. We’re going to raise these questions with some of our teams within GoPro and will share what we learn as soon as we can.

Tourist
Posts: 4

Re: What are you guy thinking with this IP grabbing?

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That's insanity... good catch. Deleting my stuff as we speak. I only got the subscription for the camera discount anyway but holy crap is that TOS a POS.

Tourist
Posts: 6

Re: What are you guy thinking with this IP grabbing?

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Thanks, please lmk.
GoPro
Posts: 20,465

Re: What are you guy thinking with this IP grabbing?

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Thanks for contacting GoPro and for voicing your concerns regarding the license grant provision in Section 6 of the Terms of Use.  This language is not intended to give GoPro a broad license to make use of user content for commercial purposes.  Instead, the license is limited to instances in which a user submits content directly to GoPro for marketing or other purposes as may be agreed by the parties.  We understand that the language is ambiguous and will update to clearly reflect our intent. 
 
The email messages that GoPro sends to subscribers every month are meant to remind users they have content in the cloud and they can use that content to create edits and share with family and friends.  If you don’t wish to receive these messages, you can unsubscribe by clicking the link at the bottom of the email.

Thanks again for your feedback! 

Tourist
Posts: 2

Re: What are you guy thinking with this IP grabbing?

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I'm no attorney, but while this response sounds good, it doesn't exactly address our concerns here as consumers. Sure you spell out that its limited to instances in which a user submits content to GoPro for marketing but also as you said "other purposes as may be agreed by the parties" which is not exactly spelled out. Again, we as consumers using the service and uploading our footage, which many appear to be doing so no understanding the legalize would give GoPro the right to do whatever with our content since that's the agreement in the TOS. And that's what matters here. At the end of the day if GoPro choose to use the footage, they legally could based on this. And future more. this does cause a problem for professionals using this service as they may which to use their footage to sell or profit off of, but run into contractual problems with a other individual or organization seeking exclusive rights which would not be possible since uploading it to your service does not make it possible.

Tourist
Posts: 6

Re: What are you guy thinking with this IP grabbing?

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I complete agree here. They need to clear up the language and the way they interlink to the different disclosures and agreements to make it make this sort of license grant explicitly to only when a video is added to their UGC public prize competitions or for offer selection of the site. Mixing their TOS with the privet media library creates all of these issues and other we have not called out. They really need to be separate TOS that then are activated based on separate actions. I removed all of my share links and may remove my media all together depending on how they handle this with a refreshed TOS. For the basic subscriptions, they need to to treat this as rented storage space and nothing more and be given only rights needed to provide the services. So it's fine for them to make backups and copies and if we share to a public platform, then they can gain the right for the services to extend that to viewers as long as we allow it. They also must respect that revoking that right remains ours as well. If we remove content, then they most also have way to excise those records from their system within a reasonable time frame. Nothing should grant them perpetual rights that mirror our own.