Rre Ancestry.com takes DNA ownership rights from customers and their relatives

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Dan Doernberg <dan () fairness com>
> Date: May 24, 2017 at 10:21:57 AM PDT
> To: ip <ip () listbox com>
> Subject: Re: [IP] Ancestry.com takes DNA ownership rights from customers and their relatives
>
> My wife is a DNA genealogy researcher and she says that those knowledgeable about these issues in the community think 
> some of the concerns expressed about Ancestry taking ownership are overblown (though Ancestry is very aggressive 
> about perpetual licenses to use the DNA, which is a separate issue from ownership). FTDNA 
> <https://www.familytreedna.com/> is the company my wife uses for most of her testing; in the past they have not 
> asserted any ownership or licenses to DNA data, though I haven’t checked this myself today.
>
> The highly respected July Russell ("The Legal Genealogist” blog) writes:
>
> ——— 
>
> http://www.legalgenealogist.com/2017/05/21/with-all-due-respect/ 
> It is true that you give AncestryDNA a broader forever-and-ever license when you test. You are agreeing, in the terms 
> and conditions, to allowing the aggregated use of your anonymized data with that of other customers for research that 
> may end up with a commercial application — and you won’t personally benefit. No royalties, for example.
>
> There’s nothing new or startling or unusual about this. It’s clearly spelled out in the terms and conditions. I’ve 
> written about this in the past, as have other bloggers. If you don’t want your data used this way, don’t test. Or at 
> least don’t test with AncestryDNA.
>
> Next, the article sounds all kinds of alarums about the risks that genetic genealogy testing data will be used 
> against you by law enforcement, employers and insurers. Here again … with all due respect… the statements are 
> overblown.
>
> ——— 
>
> Other sources:
>
> http://www.snopes.com/ancestry-dna-steal-own
> https://blog.eogn.com/2017/05/23/can-ancestry-com-claim-ownership-of-your-dna-data/
>
>
> I hope this is helpful!
>
>
> Dan Doernberg
> President, Fairness.com LLC
> dan () fairness com
> 434-975-0780
> NowComment® : Turning Documents into Conversations®
> http://nowcomment.com/  
> http://www.facebook.com/NowComment 
> ///////////////////////////////////////////////////////////////////
>
>  
> > On May 24, 2017, at 11:50 AM, Dave Farber <dave () farber net> wrote:
> >
> >
> > ---------- Forwarded message ---------
> > From: Dewayne Hendricks <dewayne () warpspeed com>
> > Date: Wed, May 24, 2017 at 8:47 AM
> > Subject: [Dewayne-Net] Ancestry.com takes DNA ownership rights from customers and their relatives
> > To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
> >
> >
> > Ancestry.com takes DNA ownership rights from customers and their relatives
> > A word to the wise: Read the complete terms of service.
> > By Joel Winston
> > May 17 2017
> > <https://thinkprogress.org/ancestry-com-takes-dna-ownership-rights-from-customers-and-their-relatives-dbafeed02b9e>
> >
> > Don’t use the AncestryDNA testing service without actually reading the Ancestry.com Terms of Service and Privacy 
> > Policy. According to these legal contracts, you still own your DNA, but so does Ancestry.com.
> >
> > The family history website Ancestry.com is selling a new DNA testing service called AncestryDNA. But the DNA and 
> > genetic data that Ancestry.com collects may be used against “you or a genetic relative.” According to its privacy 
> > policies, Ancestry.com takes ownership of your DNA forever. Your ownership of your DNA, on the other hand, is 
> > limited in years.
> >
> > It seems obvious that customers agree to this arrangement, since all of them must “click here to agree” to these 
> > terms. But, how many people really read those contacts before clicking to agree? And how many relatives of 
> > Ancestry.com customers are also reading?
> >
> > There are three significant provisions in the AncestryDNA Privacy Policy and Terms of Service to consider on behalf 
> > of yourself and your genetic relatives: (1) the perpetual, royalty-free, world-wide license to use your DNA; (2) the 
> > warning that DNA information may be used against “you or a genetic relative”; (3) your waiver of legal rights.
> >
> > 1. Perpetual, royalty-free, worldwide license to use your DNA
> >
> > AncestryDNA, a service of Ancestry.com, owns the “World’s Largest Consumer DNA Database” that contains the DNA of 
> > more than 3 million people. The AncestryDNA service promises to, “uncover your ethnic mix, discover distant 
> > relatives, and find new details about your unique family history with a simple DNA test.”
> >
> > For the price of $99 dollars and a small saliva sample, AncestryDNA customers get an analysis of their genetic 
> > ethnicity and a list of potential relatives identified by genetic matching. Ancestry.com, on the other hand, gets 
> > free ownership of your genetic information forever. Technically, Ancestry.com will own your DNA even after you’re 
> > dead.
> >
> > Specifically, by submitting DNA to AncestryDNA, you agree to “grant AncestryDNA and the Ancestry Group Companies a 
> > perpetual, royalty-free, world-wide, transferable license to use your DNA, and any DNA you submit for any person 
> > from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense and 
> > distribute the resulting analysis to the extent and in the form or context we deem appropriate on or through any 
> > media or medium and with any technology or devices now known or hereafter developed or discovered.”
> >
> > Basically, Ancestry.com gets to use or distribute your DNA for any research or commercial purpose it decides and 
> > doesn’t have to pay you, or your heirs, a dime. Furthermore, Ancestry.com takes this royalty-free license in 
> > perpetuity (for all time) and can distribute the results of your DNA tests anywhere in the world and with any 
> > technology that exists, or will ever be invented. With this single contractual provision, customers are granting 
> > Ancestry.com the broadest possible rights to own and exploit their genetic information.
> >
> > [snip]
> >
> > Dewayne-Net RSS Feed: <http://dewaynenet.wordpress.com/feed/>
>
>
>
>
> This message was sent to the list address and trashed, but can be found online.



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