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Still Using Paypal? Newest Reason to Run for the Hills!

MindWarrior

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PayPal’s Terms of Service to change July 1st, 2015

If you haven’t seen this, you should, and you should share this with your friends, family, anyone who used PayPal in connection with a website providing online content.

On July 1st, 2015, Paypal will update it’s TOS agreement to take away any and all intellectual rights to any content you provide online.

If you use Paypal to accept PayPal, they will attempt to take ownership of any online content you add to your business or website. Here is a key excerpt that basically starts: https://www.paypal.com/ie/webapps/mp...ll?locale.x=GB

Source: https://www.cryptocoinsnews.com/bitc...-take-content/

Just thought I should share this with everyone.

Amendment to the PayPal User Agreement.

Intellectual Property


We are adding a new paragraph to section 1.3., which outlines the license and rights that you give to us and the PayPal Group (see paragraph 12 below for the definition of “PayPal Group”) to use content that you post for publication using the Services. A similar paragraph features in the Privacy Policy, which is removed by the addition of this paragraph to the User Agreement. The new paragraph at section 1.3 reads as follows:

“When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (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 the PayPal Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the PayPal Group’s use of such content (including of works derived from it) in connection with the Services.”
 
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MEAH

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I'm confused.. If I have a product or service and accept paypal for that product or service Paypal now owns the rights to everything?
 

InfiniteInc

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This is a common misunderstanding. PayPal needs those rights to actually host your content on their website. If you didn't grant them those rights you would be able to sue them for illegally using your content. There was a similar discussion about the user agreement on Reddit a while back and this is what the then CEO stated about the legal language in the agreement:

The key here is that when you post something to a website, we need the right to display that content. The act of displaying it constitutes “reproducing” your work, and many of the actions (thumbnailing, quoting for previews or summaries, etc) may constitute preparing derivative works.

You end up seeing this claim everywhere and it is packed with pretty intimidating legal terms so I want to parse it down. The individual components mean this:
  • royalty-free: we don’t have to pay you to display the post/comment that you posted on reddit.

  • perpetual: the right to display what you posted doesn’t disappear after some specified time.

  • irrevocable: once you posted it, you can’t just say “hey wait, no, you can’t display that.” (In practice though, we allow you to delete it, but in case we do not successfully delete it or remove it fast enough, we wouldn’t want there to be legal liability associated with that)

  • non-exclusive: THIS IS IMPORTANT - non-exclusive means that you retain the rights to what you posted, i.e. you can still publish it elsewhere, and you own the copyright. We are just claiming a license to display it in addition to your own rights. This is something that has come up a lot – people often wonder when we claim such a wordy and broad license to their contributions whether they still retain rights to it: you absolutely do. You can take your own stuff and make it into a book, or republish it on your website, or anything you want. We just retain a non-exclusive license to be able to display the content you wrote on reddit.

  • unrestricted, worldwide: these rights aren’t restricted to e.g. the United States, because anyone in the world might use reddit, so we need to be able to do that in any country.

  • derivative works, copies, publicly display: as noted in another comment, thumbnails are derivative works, but e.g. we might make a shirt with some popular meme derived originally from a funny comment or something (e.g. “send photo”).

  • authorizing others to do so: we may need to pass the content through any number of service providers in the course of doing business. The biggest one is CDNs, who redistribute/cache our content through edge networks to servers closer to you in order to reduce latency and load on our origin servers.

BTW the source you posted is cryptocoinsnews.com. Not exactly a bastion of unbiased reporting when it comes to a direct competitor like PayPal.

I'm no lawyer and I would certainly advise anyone who does business with PayPal to do their due diligence but these types of things are rarely so black and white.
 
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MindWarrior

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This is a common misunderstanding. PayPal needs those rights to actually host your content on their website. If you didn't grant them those rights you would be able to sue them for illegally using your content.

I'm certainly no legal expert and would love for someone in the field to weigh in on the subject. But, by agreeing to their TOS, aren't you effectively giving them those legal rights?

Also, I agree, the source is heavily bias towards promoting the bitcoin currency but it doesn't curtail the legitimacy of the facts, as stated by paypal.
 

MJ DeMarco

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I understand how this can be confusing, but when did PayPal become a content provider? People don't post or upload things to PayPal -- it's a transaction medium.


This is a common misunderstanding. PayPal needs those rights to actually host your content on their website. If you didn't grant them those rights you would be able to sue them for illegally using your content. There was a similar discussion about the user agreement on Reddit a while back and this is what the then CEO stated about the legal language in the agreement:



BTW the source you posted is cryptocoinsnews.com. Not exactly a bastion of unbiased reporting when it comes to a direct competitor like PayPal.

I'm no lawyer and I would certainly advise anyone who does business with PayPal to do their due diligence but these types of things are rarely so black and white.

Rep+
 
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Kingsta

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On some paypal transactions it first redirects you to a paypal site which displays a description of a product along side all the relevant details required to complete the transaction...Maybe this is what they are referring to as they are using someone else's content? I guess this change would cover them so they could take more information and maybe displays pictures as well.

I'm not for or against Paypal...but I'm sure they're not in the business of stealing your content ahaha
 

MJ DeMarco

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Another concerning element...

Earlier this week, PayPal was lambasted for its new user agreement which allowed the online payments company to robocall and autotext customers at will. What was particularly jarring about the user agreement — set to go into effect on July 1 — is that PayPal reserved the right to contact customers not just for account problems, but also for surveys and promotions. Even worse, PayPal brazenly advised users who weren’t on board with the new agreement that they should simply close their account and move it along.

https://www.yahoo.com/tech/s/paypal-responds-internet-fury-over-terms-170711565.html
 
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Mattie

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"they should simply close their account and move it along."

That's some American Style Tough Love. You don't like it. Leave. Do it my way or the Highway! :)
 

Aidan

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