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Vultr is now claiming full perpetual commercial rights over all hosted content - Page 2
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Vultr is now claiming full perpetual commercial rights over all hosted content

2

Comments

  • DaveADaveA Member

    There seems to be a bit of a disconnect between the legal language and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further. The only interest we have in your data is making sure it’s safe, secure, and reliably accessible for you at all times.

    -DA

  • LeviLevi Member
    edited March 27

    @DaveA said:
    There seems to be a bit of a disconnect between the legal language and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further. The only interest we have in your data is making sure it’s safe, secure, and reliably accessible for you at all times.

    -DA

    Blunder, miscommunication, oopsie, misunderstanding, disconnect, unclear emanation of intentions, best for customer, think about children… bla bla bla.

    Ycombinator made you good. Full flame wok was ignitted on 50 000 BTU stove and egg fried rice was cooked properly. Wok hue was present.

  • MoopahMoopah Member

    Vultr became fried chicken in mere hours due to overcooked Legal TOS

  • This isn't new, it's been in Vultr's ToS since at least 2021.

    https://web.archive.org/web/20210729200233/https://www.vultr.com/legal/tos/#:~:text=You hereby grant,Services to you.

    I don't think this is court enforceable, likely has more to do with user-generated content on their forum than anything else...

  • emghemgh Member

    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

  • MoopahMoopah Member

    @emgh said:
    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

    Maybe if we complain loud enough, we can get AWS to give us free unmetered egress bandwidth :D

  • @emgh said:
    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

    This is all over hackernews and reddit as well so its likely more than just let

  • emghemgh Member

    @BruhGamer12 said:

    @emgh said:
    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

    This is all over hackernews and reddit as well so its likely more than just let

    Did they comment there? I haven’t noticed

  • shruubshruub Member

    @emgh said:
    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

    I read one tag as provider tag, god damn.

    Then I realized that having a provider tag would allow them to say nothing (/s not really)

  • dev_vpsdev_vps Member
    edited March 27

    @DaveA said:
    There seems to be a bit of a disconnect between the legal language and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further. The only interest we have in your data is making sure it’s safe, secure, and reliably accessible for you at all times.

    -DA

    Do you know when such amazing terms and conditions were introduced?

    second question -
    Do you guys use law interns?

    Thanked by 1DaveA
  • shruubshruub Member

    @emgh said:

    @BruhGamer12 said:

    @emgh said:
    The power of LET, one tag & changes promissed by one of the larger cloud providers🙏

    This is all over hackernews and reddit as well so its likely more than just let

    Did they comment there? I haven’t noticed

    https://www.reddit.com/r/selfhosted/comments/1bouuv7/comment/kwtvezy/

    But actually they didn't (unless that's DaveA's reddit account?

    Thanked by 1emgh
  • FCUK them all... just closed my account and let them know "Your Forced TOCs are Draconian... I DO NOT AGREE and will make sure you do not exist for me and my clients/friends/relatives anymore"

  • aj_potcaj_potc Member

    @mehargags said:
    FCUK them all... just closed my account and let them know "Your Forced TOCs are Draconian... I DO NOT AGREE and will make sure you do not exist for me and my clients/friends/relatives anymore"

    I get that those terms, as written, are ridiculous, and I don't know how they were reviewed and approved by any person with half a brain.

    However, a rep from the company has said they're going to address the issue, so I'm not sure what you hope to achieve now.

  • DazzleDazzle Member

    @DaveA said:
    There seems to be a bit of a disconnect between the legal language and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further. The only interest we have in your data is making sure it’s safe, secure, and reliably accessible for you at all times.

    -DA

    IIRC, your reverse DNS is automatically set to the domain vultrusercontent.com. Does this mean that my website content now belongs to you as well?

  • servarica_haniservarica_hani Member, Patron Provider

    This is not even good for them !!
    this is huge liability

    Now using this clause in TOS any other company can argue that any content on VULTR network is their content !!!
    and you can imagine where this is going
    So instead of copyright enforcement agencies following random kids that are broke, now they have huge whale to extort money from

    I am shocked it is not used against them till now

    Thanked by 1hampered
  • kevindskevinds Member, LIR

    @Dazzle said: Does this mean that my website content now belongs to you as well?

    Yes, that is what the terms say, and why very few (anybody?) like it..

  • vpn2024vpn2024 Member
    edited March 28

    @DaveA said: e and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from pr

    @Levi said:

    @DaveA said:
    There seems to be a bit of a disconnect between the legal language and our trust and safety’s team intention. We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further. The only interest we have in your data is making sure it’s safe, secure, and reliably accessible for you at all times.

    -DA

    Blunder, miscommunication, oopsie, misunderstanding, disconnect, unclear emanation of intentions, best for customer, think about children… bla bla bla.

    Ycombinator made you good. Full flame wok was ignitted on 50 000 BTU stove and egg fried rice was cooked properly. Wok hue was present.

    I don't think Vultr was ever part of a YCombinator program? I can't imagine the VCs would be interested in another Linode (or in Linode itself, hence why we suffer the pain of Akamai now and their unreliable network)

  • omelasomelas Member
    edited March 28

    asking true lowend question: will they have event after fallout?

  • CalypsoCalypso Member

    @xvps said:
    I'm not a fan, but the sentence ends with: for purposes of providing the Services to you.

    Doesn't that limit the consent so they only can use it for my services?

    You hereby grant to Vultr a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that Vultr deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.

    As already explained: no. See it in another way: if you have a great picture of your girlfriend they can, according to these terms, alter it in such a way that she is a covergirl of Hustler magazine. The money made from that buys them a nice new gaming gear so that he use that to be happy and willing to keep on providing you the service. In this way altering and using the picture is linked to keeping your service and could be seen as "according to the rules".

  • $7

  • emghemgh Member
    edited March 28

    @Calypso said:

    @xvps said:
    I'm not a fan, but the sentence ends with: for purposes of providing the Services to you.

    Doesn't that limit the consent so they only can use it for my services?

    You hereby grant to Vultr a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that Vultr deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.

    As already explained: no. See it in another way: if you have a great picture of your girlfriend they can, according to these terms, alter it in such a way that she is a covergirl of Hustler magazine. The money made from that buys them a nice new gaming gear so that he use that to be happy and willing to keep on providing you the service. In this way altering and using the picture is linked to keeping your service and could be seen as "according to the rules".

    No, it can’t. What you’re describing is some sort of side-effect. The TOS says ’for the purpose’.

    I think this will all get fixed, and I don’t think Vultr will steal anyones stuff. That would eliminate them from business use, and, it would mean a bunch of legal fights with their bigger clients. This is not happening.

  • rcy026rcy026 Member

    @Dazzle said:

    IIRC, your reverse DNS is automatically set to the domain vultrusercontent.com. Does this mean that my website content now belongs to you as well?

    I think the term "belongs to" is factually incorrect.
    What the TOS does say is that it gives Vultr basically unlimited rights to use the content on your website as they see fit. Having the rights to use something is not the same as actually owning it.

    Not defending Vultr, its a total dickhead move and the person that wrote it should burn in legal hell forever, just pointing out the legalese fineprint.

  • cochoncochon Member

    @emgh said:
    ... That would eliminate them from business use, and, it would mean a bunch of legal fights with their bigger clients. This is not happening.

    Yes but it is how things work in an unregulated arena if they can slip it in. Those with deep pockets don't take on others with big pockets, they just pick off and profit from those who can't afford to defend themselves.

    In this case I still don't see how they can determine which content you've posted is copyright to you and which to others, maybe on a not for commercial use basis.

  • MadMad Member

    I feel like someone from legal (with no tech knowledge) wrote it down without getting it reviewed.

    It would be silly for a company like Vultr ruining its own reputation because of this.

    I'm pretty sure this will be edited anytime soon after this shitstorm :smiley:

  • dev_vpsdev_vps Member
    edited March 28

    @Mad said:
    I feel like someone from legal (with no tech knowledge) wrote it down without getting it reviewed.

    Terms and Conditions is one area that is thoroughly reviewed , even for small edits, for most big business houses.

    Comment during dinner yesterday
    “it seems these terms were written during happy hour company event”

    Then we wonder why attorneys are paid so well, especially in the field of intellectual property rights and copyright claims.

  • [..]

    You hereby grant to Vultr a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that Vultr deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.

    [..]

    (c) As between You and Vultr, Vultr acknowledges that it claims no proprietary rights in or to Your Content. You hereby grant to Vultr a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Vultr to perform its obligations under these Terms.

    The amount of legal double speak is some high end lawyer shit

    We will clean up the legal language ASAP to avoid the conspiracy theories from propagating further.

    Curious if this can be even be backpedaled at this point without opening the flood gates. So far no official press release that I am aware of

  • dev_vpsdev_vps Member
    edited March 28

    You hereby grant to ++++ a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license

    This could be legally valid and enforceable, if such grant is exercised for money or service.
    For example -- free hosting

    -- sharing my opinion, not a legal advice

  • jackbjackb Member, Host Rep

    Just to play devil's advocate - I'd bet their legal lot added this in when they launched their cdn services (recently), as they will be directly handling and serving user content -- without checking with the technical side on how it comes across.

    Thanked by 1emgh
  • dev_vpsdev_vps Member
    edited March 28

    @jackb said:
    Just to play devil's advocate - I'd bet their legal lot added this in when they launched their cdn services (recently), as they will be directly handling and serving user content -- without checking with the technical side on how it comes across.

    Big corporations have Legal IT department.
    I have worked for one in one of my previous job.

    Thanked by 1PineappleM
  • jackbjackb Member, Host Rep
    edited March 28

    @dev_vps said:

    @jackb said:
    Just to play devil's advocate - I'd bet their legal lot added this in when they launched their cdn services (recently), as they will be directly handling and serving user content -- without checking with the technical side on how it comes across.

    Big corporations have Legal IT department.
    I have worked for one in one of my previous job.

    Usually such a department are more up to speed of the nuances of law rather than tech.

    I can see it being very easy for this sort of mistake to happen, so I'd say wait and see what it's changed to when fixed.

    Thanked by 1emgh
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