We have all had the opportunity to install a piece of software, join an online community, or otherwise click through the End User License Agreement without ever reading it or understanding it. One such instance that has come to my attention recently is that of Twitters Terms and Services. A few weeks ago I found that this was part of their Terms of Service related to who owns the content:

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

So what does this mean? Basically it sounds like what you create on Twitter can be used without any need for you to approve it by Twitter. So what does this mean for someone who shares a wonderful and innovative idea without the funds to make it happen? Well I guess then Twitter could make it happen for themselves. This is a interesting idea especially since this is another part of their Terms and Service:

We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

So it seems that Twitter will not support you if you are slandered on their site, but they will easily borrow your ideas. Okay so I am exaggerating a bit, but what do these TOS and EULA really mean to schools, and more importantly to our students in the future.

So here is another example of the Terms of Service from Google:

11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

So it seems that  there are similar ideas here. Now I am no lawyer, but I am guessing that both Twitter and Google are trying to make a case so that they can use your documents or tweets as an example in their publications, but again the question is do people know what they are agreeing to? I know a lot of people are like no big deal as long as I can use this for free.

My biggest question is do we explain to students what these things mean or do we simply tell them to click Yes? I guess I see this as being something that our students are going to need to be aware of if they want to keep their Intellectual Property in reference to what it is they create.