[mythtv-users] SD Subscription Agreement Question

[Ryan Steffes]

On 8/13/07, Matt <skd5aner at gmail.com> wrote:
> Just reading through the subscription agreement.  I'm still amazed at
> how much work you guys have been able to accomplish in such a short
> period of time.  Again, thank you.
>
> http://www.schedulesdirect.org/sagreement
>
> Quick question:
> In section 2, "Restrictions on Use":
> "Without limiting the generality of Section 1, You shall not, without
> Company's prior written consent, which consent may be granted or
> denied in Company's sole discretion"..."(vi) make or archive copies of
> Licensed Data"
>
> What about mysql backups of the mythconverg database as part of a myth
> backup and/or archive strategy?
>

Since MythTV is a supported product, therefore using their data to
support myth should be explicitly allowed.  If they ever tried to
argue it, I'll refer you to the unenforceable clause in section 13.
There's a good reason any contract worth it's salt has one of those!

> Also, in Section 10, "Ownership and Proprietary Rights":
> "For any materials that You transmit to Company, You grant Company a
> worldwide, non-exclusive, assignable, royalty-free, sub-licensable
> (through multiple tiers), perpetual, irrevocable right and license to
> use, copy, distribute, transmit, reproduce, edit, modify, translate,
> and reformat such materials, in any media now known or hereafter
> developed, without compensation to You. You represent and warrant that
> You have all rights necessary to grant the foregoing licenses"
>
> I'm assuming that doesn't mean licensing of personally identifiable
> information (name, address, e-mail address), etc.  I guess I can't
> really tell since the privacy policy isn't up yet, but I just thought
> I'd ask.  And would that section over-ride the terms in the privacy
> policy?  Which takes precedence?
>
> ... if only I read _all_ the terms of agreements ;-)
>
> Thanks!
> Matt

This is, from the way it's written, granting them the right to use
anything you send them: name, feedback, etc.  I'm fairly sure from the
way it's written they'd have trouble having it stand up, click through
contracts aren't litigated in court much for a reason, but I'm not an
intellectual property lawyer.  I'm sure their intent is to allow them
to use any feedback you send them in blurbs, promotional materials etc
without recourse.

Ry