Assignment 2: Online Policy Primer

YouTube’s Terms Of Service

Mitchell Houwen14308947

This series of slides will illustrate the major points of interest to the general YouTube public, that they should be aware of.

These points will be explained in layman’s terms so that people can fully understand the terms they are agreeing to when they use the services available on YouTube.

This is not a legal document it is simply an explanation of the points that users should be aware of when using YouTube as they have an obligation to understand what they are participating in.

Purpose Of This Presentation

This is the very first line under the terms of service which stipulates that simply by being on the YouTube website, you are agreeing to ‘Terms of Service’.

There is no pop-up message upon entering the site it is understood that any user who is using the site has visiting and read the policy documents.

You must be very cautious when you visit online sites because this is something that could get people in quite a lot of trouble. Not only does a user not know what they’re agreeing to they have no idea that they have agreed to it.

“By using or visiting the YouTube website or any YouTube products, software, data feeds, and services provided to you on, from, or through the YouTube website (collectively the ‘Service’) you signify your agreement to (1) these terms and conditions (the ‘Terms of Service’), (2) Google’s Privacy Policy… “

This is a fairly standard statement with regard to general ‘Terms of Service’.

YouTube takes no responsibility for any content on websites that people get linked to from website.

This removes YouTube’s liability if someone is lead to something they find offensive through YouTube, but does not actually appear on the YouTube website.

This would include any link to pornographic material that is not available on YouTube but another page that has a link through YouTube.

“YouTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, YouTube will not and cannot censor or edit the content of any third-party site”

This line can cause some problems for anyone who is unknowingly hacked or has a certain loss of privacy.

This part of the document states that YouTube is not liable for any of your personal loss through unauthorised use of your YouTube account.

However if there are any losses on YouTube’s behalf then you can be held liable and accountable for any damages.

So any intrusion on your account is your fault, and yours alone.

“Although YouTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouTube or others due to such unauthorized use.”

This line is some ways insinuates that YouTube has control over the distribution of your videos.

The statement means that the video cannot be distributed at all without YouTube’s written consent and permission.

It is not up to the creators of the material being distributed but simply up to YouTube and it’s own controllers.

“You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).”

When using embedded players on your own website you may not tamper with the functionality of the tool.

This rule is understandable because the player represents the brand of YouTube.

A dysfunctional player reflects poorly upon the company so by stating that no one may edit the tools itself they are simply ensuring that it has their seal of quality approval.

“If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the YouTube website.”

A statement that helps YouTube retain the power to maintain peace of the website.

YouTube can at any time discontinue any particular part of the website that they wish.

This means that YouTube keeps creative control over the site and it’s function, which is an important point in today’s society.

“YouTube reserves the right to discontinue any aspect of the Service at any time.”

This paragraph indicates that YouTube has no control over the quality of the material being put over the website.

The information provided within any of the videos can be purposely misleading in which case YouTube is now no longer liable because they have stated that they have no control over the information or substance of the content.

“You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless YouTube, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.”

YouTube concedes that you own the content being posted on your account, however the company can use the material posted in any way they choose without having to pay you a cent.

As the world begins to shift towards e-commerce more and more we can see this as a problem because no income can be made on the material that the user has created from YouTube.

“For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.”

A small note in the document just declaring that YouTube will refuse user access to the service if the user is a ‘repeat infringer’.

The document then takes the time to state what they deem to be a ‘repeat infringer’.

This indicates that users must be given at least two warnings of improper use of the service before they can be refused usage of the website and it’s tools.

“YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.”

 ”A repeat infringer is a user who has been notified of infringing activity more than twice.”

YouTube has shown you these ‘Terms of Service’ and you understand them is basically what this statement means.

So, even though the terms are found of the bottom of the website, YouTube has given you ample opportunity to review the terms and you agree to them.

This seems outrageous because within the terms they have not only stated that just by visiting the site you agree to the terms, but you also agree that YouTube has shown you these ‘Terms of Service’.

“We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.”

http://www.youtube.com/t/terms

YouTube(2010) Terms of Service. Retrieved September 2, 2012 from http://www.youtube.com/t/terms

The entire document is available on the following website:

YouTube’s Terms of Service:Last Updated: 9th June 2010Available: http://www.youtube.com/t/terms