Ramblings of an old Doc

 

TOS’s are pesky critters. An article I was writing had to be changed because it’s source has been taken down over at Neowin.com.

The article was about dropbox’s TOS, and it maintained they basically own everything you decide to upload there and can do anything they want with it.

On the page I can retrieve on dropbox, here’s what I found:

Note the second paragraph.

Not to belabor the point, this means anything you ever wrote, drew, painted, skinned, photographed or received and decided to use their service to store is theirs to do with as they like. All that “efficiency and ease” in transfer and storage suddenly doesn’t seem all that great, does it?

It includes research, you name it: You put it there it belongs to them, hence the title of this article. As if this weren’t bad enough, it’s up to you to verify and assure them

that everything they feel like taking is really yours because they wouldn’t want to be troubled by anyone else saying “Wait a minute, that’s mine!”.

 

That’s the classic definition of  “chutzpah” (Heb. “overweaning nerve, gall”), i.e. demanding the mercy of the court after being convicted of murdering your parents because you’re an orphan.

You can read what folks think about their kindly efforts to “simplify” things for us in the blog there http://blog.dropbox.com/?p=846

 

What makes it worse is the security flubs they've had (discovered last month) which basically left files stored there open for the taking.

 

People:  I’ve uninstalled dropbox. What you do is up to you.

Now start reading those TOS’s!


Comments (Page 2)
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on Jul 02, 2011

I wonder how many actually do read the TOS. I do now. That's why when Doc posted this about Drop box I changed my mind about keeping the installer.

on Jul 02, 2011

I stopped participating seriously in the Elemental beta because of the dropbox fad at Stardock. I read the TOS and found it both unsurprising and unacceptable. My mean streak is pleased to hear that they got caught with a pathetic security SNAFU.

on Jul 02, 2011

Zeta1127

Quoting yrag, reply 3What kind of fuckin' English is that??

It started twenty years ago with some poor Japanese to English translations in particular "All your base are belong to us." from Zero Wing.

Love Zero Wing. 

Captain: What happen ?
Mechanic: Somebody set up us the bomb.
Operator: We get signal.
Captain: What !
Operator: Main screen turn on.
Captain: It’s you !!
CATS: How are you gentlemen !!
CATS: All your base are belong to us.
CATS: You are on the way to destruction.
Captain: What you say !!
CATS: You have no chance to survive make your time.
CATS: Ha ha ha ha …
Operator: Captain !!
Captain: Take off every ‘ZIG’!!
Captain: You know what you doing.
Captain: Move ‘ZIG’.
Captain: For great justice.

on Jul 02, 2011

I love how those who don't seem to get what this new "revised" TOS insult those who are against this and canceling their accounts. I had it installed before but never actually used it. Guess there's no point is keeping it anymore. Thanks for the heads up.

on Jul 02, 2011

Okay, so is there a replacement for Dropbox or would any of these type of programs be worth it?  

on Jul 02, 2011

oops 

on Jul 02, 2011

Philly0381
Okay, so is there a replacement for Dropbox or would any of these type of programs be worth it?  

Sugarsync (5 GB)

Skydrive (25 GB)  both free.

on Jul 02, 2011


All your bases is mine


 

What kind of fuckin' English is that??

 

 

 

 

Jaf is going to go berserk!!

Me love you long time ....

on Jul 02, 2011

Dropbox gone here too now!

on Jul 02, 2011

DropBox having a change of heart? - http://blog.dropbox.com/?p=846

on Jul 02, 2011

Hankers
DropBox having a change of heart? - http://blog.dropbox.com/?p=846

 

Thanks for the update Hankers. DB is an awesome tool and I really did not want to get rid of it. Thanks to guys like doc for keeping them honest. Maybe doc can add that link to the OP.

on Jul 02, 2011

Working to appear responsive to a PR problem is not at all the same thing as fixing the underlying problem with nearly every TOS I've ever read, which is the clause that, best I can tell, translates to "and we can change all this stuff any time we want to change it."

Amazon taught me about that back in the late '90s, and I'm still waiting for an online business that targets folks who basically want to be 'on top' in these pseudo-contractual situations. The apocryphal customer might always be right, but the typical Internet customer is as much a commodity as whatever goods or services he or she might be seeking. It's uncivilized.

on Jul 03, 2011

"and we can change all this stuff any time we want to change it."

That's an "agreement to agree", which is not a legally enforceable agreement.  Wouldn't stand up in court.  Even if they do claim the right to change the agreement at any time without notice, you'll find they still go out of their way to give you notice and make you agree to the new terms.  They know that particular clause isn't worth the bytes it's written on.

It's really emblematic of the "everything, including the kitchen sink" approach to TOS/EULA these days.  They just throw every conceivable clause in there.  Service providers and software publishers know that they hold all the cards and can basically write any contract they want.  Consumers basically have no recourse against these overly-broad "agreements", and blatant consumer apathy means there's no chance market factors will bring this into line.  Consumers just aren't reading these agreements anymore because they know that it's one-sided dictation.

The scary thing is the growing disconnect from the "practical" reality and the "legal" reality.  I'm sure everyone on this forum has broken a TOS or EULA in the past.  These agreements are openly flouted, both on purpose and by accident, because people no longer take them or their implications seriously.  On the other hand, they are still legally binding documents (even if riddled with terms of dubious enforceability) and can have significant reprocussions in court.  I think it's very important for society to work towards reconciling this disconnect, but with service providers cozy with near-absolute power and consumers largely apathetic, there's no political will to make any changes. 

on Jul 03, 2011

myfist0

Quoting Hankers, reply 25DropBox having a change of heart? - http://blog.dropbox.com/?p=846
 

Thanks for the update Hankers. DB is an awesome tool and I really did not want to get rid of it. Thanks to guys like doc for keeping them honest. Maybe doc can add that link to the OP.

As stated in the op,

An article I was writing had to be changed because it’s source has been taken down over at Neowin.com.

I don't think it's necessary. I posted the screeny of the current TOS (which may or may not have been sbanged from the other). It's bad enough.

on Jul 03, 2011

DrJBHL
I don't think it's necessary.

I agree. Sometimes I can't see the forest through the trees. That link was already in the OP. Doh   

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