Educause Security Discussion mailing list archives

Re: Personal Email and other Services


From: Valdis Klētnieks <valdis.kletnieks () VT EDU>
Date: Mon, 6 May 2019 23:04:22 -0400

On Mon, 06 May 2019 20:53:39 -0000, "King, Ronald A." said:
 Unless there has been a major shift in the T&Cs, these third parties own the
data once transferred.

Literally own, or merely claim permission to use and monetize the data without
your consent?  There's a big difference.  For example, I'm pretty sure that no
court would view the mere act of uploading as being a valid transfer of
copyright - SCO's lawsuit against IBM tanked because they couldn't produce a
written transfer or copyright for the AT&T source code.

And the provider's lawyers would be totally backpedalling the "owned" thing if
data that had legal issues attached got uploaded - somebody parks a pirated
copy of Ariana Grande's not-yet-released video and the provider is in a world
of hurt.

Even more so it was data that had exposure to criminal legal liability....

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