The new Sections 15.5 and 15.6 read as follows:
15.5 License Grant from You to PayPal; IP Warranties. Subject to section 15.6, when providing PayPal with content or posting content using PayPal Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against PayPal, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to PayPal, your posting of content using the PayPal Services, and PayPal’s use of such content (including of works derived from it) in connection with the PayPal Services.”
Perhaps I don't understand it but what content would I ever post using Paypal services except my bank account number and credit card number?
If someone out there can interpret this cocky-poo for the rest of us, please post.
Cripes- that is a particularly poorly written bit of flack, isn't it? They need some better underwriters. I think this language is because lots of online businesses/websites build paypal into their sales, which actually permits Paypal entry into their site, and to the exchange of information that may be protected, proprietary, privileged or confidential. So Paypal is adding this language to protect it from allegations of copyright and IP allegations of various sorts. How effective the language is will depend on which state such litigation is filed in.
ReplyDeleteThank you for clearing that up. So I guess it doesn't affect us ordinary Paypal users.
DeleteI can't see how that it would
DeleteYou used to be able to build a a web store with PayPal, although I can't seem to find that anymore. Lots of people who sell downloadable content used PayPal stores, at least back when I paid attention to that. So I would be VERY uncomfortable with this clause if I used a PayPal store.
ReplyDeleteHonestly it looks more like a defense tool than anything else. When people sue large companies (like paypal) they usually have one big gripe and then they throw a dozen other alleged violations in there too to pressure the company to settle. Granted, I'm looking at this as a defense attorney, but I honestly don't think there is an intent here by Paypal to do anything other than protect itself from allegations of IP/copyright violations via how it's integrated programs work.
DeleteAny website where there are Paypal buttons for payment.
ReplyDelete