• There Are Some Super Shady Things in Oculus Rift's Terms of Service
    66 replies, posted
[QUOTE] The Oculus Rift is starting to ship, and we’re pretty happy with it. While it’s cool, like any interesting gadget, it’s worth looking through the Terms of Service, because there are some worrisome things included. Quite a few of the items in the document are pretty typical in any sort of Terms of Service agreement. These include details like waiving your right to a juried trial and agreeing to go into arbitration instead. Oculus can also terminate your service for myriad reasons, and third parties can collect information on you. However, there are some even more devilish details in the Rift’s full Terms of Service. [B]Oculus (and basically Facebook) owns creative content [/B]By submitting User Content through the Services, you grant Oculus a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.[B] Oculus can collect data from you while you’re using the device [/B]Information about your interactions with our Services, like information about the games, content, apps or other experiences you interact with, and information collected in or through cookies, local storage, pixels, and similar technologies (additional information about these technologies is available at [URL]https://www.oculus.com/en-us/cookies-pixels-and-other-technologies/);[/URL] Information about how you access our Services, including information about the type of device you’re using (such as a headset, PC, or mobile device), your browser or operating system, your Internet Protocol (“IP”) address, and certain device identifiers that may be unique to your device; Information about the games, content, or other apps installed on your device or provided through our Services, including from third parties; Location information, which can be derived from information such as your device’s IP address. If you’re using a mobile device, we may collect information about the device’s precise location, which is derived from sources such as the device’s GPS signal and information about nearby WiFi networks and cell towers; and Information about your physical movements and dimensions when you use a virtual reality headset. [B]Furthermore, the information that they collect can be used to directly market products to you:[/B] To market to you. We use the information we collect to send you promotional messages and content and otherwise market to you on and off our Services. We also use this information to measure how users respond to our marketing efforts. [/QUOTE] [URL="http://gizmodo.com/there-are-some-super-shady-things-in-oculus-rifts-terms-1768678169"]Full article at Gizmodo[/URL]
This doesn't seem like It'd hold up in court, at all.
[QUOTE=Crimor;50062816]This doesn't seem like It'd hold up in a trial, at all.[/QUOTE] Facebooks lawyers are behind it so I wouldn't be too sure of that.
People were talking about this when Oculus was bought by Facebook. Guess they were right.
Surprise: It's a botnet.
[QUOTE=TheNerdPest14;50062821]People were talking about this when Oculus was bought by Facebook. Guess they were right.[/QUOTE] People mainly talked about how FB was going to use this to track everything you do and how they were going to have ads in the Rift Only one of those seems to be true, and even then, I think it's dubious as to how strong that'll stand up, but like I said, it's FB's lawyers behind it so it might. Either way we still have the Vive.
this is pretty much par for the course for facebook
did anyone actually expect oculus to end well after it was bought by facebook
[QUOTE=Crimor;50062816]This doesn't seem like It'd hold up in court, at all.[/QUOTE] Depends on the judge, and where and what it is but ToS isn't a contract, I doubt you can waive your rights to a juried trial by being forced to click agree to use something you payed for.
Time to buy a Vive
This is all just standard stuff for the Oculus store and client. I'm not seeing anything wrong here.
[quote]Oculus (and basically Facebook) owns creative content[/quote] [quote] Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content[/quote] great article right from the getgo
[QUOTE=Saxon;50062853]Depends on the judge, and where and what it is but ToS isn't a contract, I doubt you can waive your rights to a juried trial by being forced to click agree to use something you payed for.[/QUOTE] Yeah there's definitely already precedent for ToS agreements being void in certain cases.
I don't see the first one standing up. You can't take people's right to their own creations just because they used your device to make it. For example, it would be absurd for a paint brush company to say that any paintings made with their brushes belong to them. All this is going to do is ensure that nobody with any creative purposes would ever get an Oculus.
Well i know what end of the market to steer away from now then.
[QUOTE=Perrine;50062882]great article right from the getgo[/QUOTE] This. That first part in particular was such BS. That's a store requirement so, for example, people can't take their stuff down from the store and then try to go after the people who are using their content.
[QUOTE=sgman91;50062886]I don't see the first one standing up. You can't take people's right to their own creations just because they used your device to make it. For example, it would be absurd for a paint brush company to say that any paintings made with their brushes belong to them. All this is going to do is ensure that nobody with any creative purposes would ever get an Oculus.[/QUOTE] Yeah I highly doubt much of this will stand up in court, some of it will but not enough for people to really freak out about.
[QUOTE=sgman91;50062886]I don't see the first one standing up. You can't take people's right to their own creations just because they used your device to make it. For example, it would be absurd for a paint brush company to say that any paintings made with their brushes belong to them. All this is going to do is ensure that nobody with any creative purposes would ever get an Oculus.[/QUOTE] "By submitting User Content through the Services" Is the kicker. But of course Gizmodo can't read.
[QUOTE]These include details like waiving your right to a juried trial and agreeing to go into arbitration instead.[/QUOTE] You're never guaranteed a juried trial unless you commit a serious criminal offense anyway. Your rights as a citizen include the right to a trial but a jury is not necessarily part of those rights. [QUOTE] Oculus can also terminate your service for myriad reasons[/QUOTE] So can other services. [QUOTE]and third parties can collect information on you. [/QUOTE] Right, because that's not something literally any other service providing company does. [QUOTE]Oculus can collect data from you while you’re using the device[/QUOTE] Just like... how your phone collects data, how your OS collects data, how your browser collects data... [QUOTE]Furthermore, the information that they collect can be used to directly market products to you[/QUOTE] Have you never seen a tailored ad on the web?
This is nothing new. Second life did this a decade before this.
the misunderstanding is now going to get into Windows 10 levels. No The TOS will not stand in court. Yes they are covering their asses. And you have to agree to it. The worrying portion (Which would throw the entire TOS out) however is that you agree to it right as you buy it. And it only talks about if you made art with the Oculus in it. Not the software itself.
[QUOTE=PaperBurrito;50062865]Time to buy a Vive[/QUOTE] [quote]"User Generated Content" means any content you make available to other users through your use of multi-user features of Steam, or to Valve or its affiliates through your use of the Content and Services or otherwise. You grant Valve and its affiliates the worldwide, non-exclusive, right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, in connection with the operation and promotion of the Steam site.[/quote] [quote]When you use our devices, download and use our applications, or access the Services from your device, we may also log information related to your device and your use of our applications and Services. We may log, for example, the date you activate your device, your location, phone number, device type, serial number, device identifiers (e.g., IMEI, MEID, serial number, CID, MID and MCC ID Number or SIM card ID), the types and versions of mobile operating systems on your device, applications and software you install and use and how you use them, content you view or use and time-stamped logs of data exchanges. [/quote] [quote]HTC may use your information, including personal information, to: provide you with a personalised and customised experience, content, marketing and recommendations across all our Services; [/quote]
[QUOTE=goon165;50062825]Surprise: It's a botnet.[/QUOTE] no it isn't. they have no need for a botnet, they have powerful enough servers on their own. turning people's computers into a botnet with it would actually be fucking stupid of them and have no purpose besides getting a lot of people angry for no discernible gain. they're collecting data on you which is far more useful
Oh boy, can't wait for the "VR may turn your computer into a bomb" journalists to come out of the wood works. I mean the second one is asking for your IP address. What can you expect from a Gawker owned website though.
hey everyone: if you want to use anything new in the future from here on out, you are going to have to accept that they will collect data off of you for marketing. better swallow that pill now unless you want to go luddite. it will eventually become straight up impossible to function in the real world without giving over your data to a bunch of assorted companies. [editline]3rd April 2016[/editline] unless you want to go live totally off-grid
Facebook might be a shady company but these terms of service are pretty standard, Vive and Steam have the same thing, why are they stirring all this hate for?
[QUOTE=bunguer;50063101]Facebook might be a shady company but these terms of service are pretty standard, Vive and Steam have the same thing, why are they stirring all this hate for?[/QUOTE] CLICKS!
Dumb article. As if every other platform doesn't do this already. Including Valve/HTC's Vive.
[QUOTE=Crimor;50062816]This doesn't seem like It'd hold up in court, at all.[/QUOTE] Well the stuff about content ownership maybe but those arbitration clauses are starting to be broken because it's literally a company demanding you sign away your consumer rights
[QUOTE=Sableye;50063144]Well the stuff about content ownership maybe but those arbitration clauses are starting to be broken because it's literally a company demanding you sign away your consumer rights[/QUOTE] They're usually scare tactics to make you think you have less options or rights than you really do. They're unfortunately pretty common. I'm not really well read enough in this type of law to know if the TOS contains anything that won't stand up in a court of law, but it wouldn't be the first time, that's for sure.
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