Google Launches Pay-Per-View Web Video

[BJ_M]

Monday Google is launching in-browser video playback based on VLC. Google has been accepting video uploads in April, including allowing the video owner to specify that payment is required, through the Google Payment Program."

Me: How are you going to protect copyrighted material from being copied?
Google: We're working on that.

Me: You say video can be free or fee based. How does that work?
Google: We'd prefer free content, but you can also charge a fee. We will have a payment mechanism in place.

Me: In a fee-based scenario, what "cut" does Google want?
Google: We haven't decided.

Me: What if I upload free content and a LOT of people like/view it? How does Google make money?
Google: We reserve the right to charge the uploader if the content becomes "very popular."

Me: Define "very popular".
Google: We don't know yet.

Me: Why should I upload content if you can't answer these basic questions?
Google: You just should.

[BJ_M]

you should read the terms and conditions on that one if you hope to use your on copyrighted or self created works or movies - because if you use this service, you just granted googles right to use them also in any way they want with no royality to you ...

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE PROGRAM FREQUENTLY ASKED QUESTIONS LOCATED ON THE PROGRAM WEBSITE (THE "FAQ") BEFORE REGISTERING FOR THE GOOGLE VIDEO UPLOAD PROGRAM (THE "PROGRAM"). THE TERMS AND CONDITIONS OF THIS CONTENT HOSTING SERVICES AGREEMENT (THE "AGREEMENT") GOVERN YOUR PROVISION OF CONTENT TO GOOGLE (INCLUDING YOUR DOWNLOAD AND USE OF THE VIDEO UPLOADER SOFTWARE (THE "UPLOADER")) FOR POSSIBLE INCLUSION IN THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN THE PROGRAM OR TO DOWNLOAD OR USE THE UPLOADER. THIS AGREEMENT BETWEEN YOU (AS DEFINED BELOW) AND GOOGLE INC. AND ITS AFFILIATES ("GOOGLE" OR "WE" OR "US") IS SUBJECT TO CHANGE BY GOOGLE AT ANY TIME IN ITS DISCRETION. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ACCEPT THIS AGREEMENT EITHER FOR YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DON'T HAVE THE LEGAL AUTHORITY TO BIND, PLEASE PRESS THE "I DO NOT ACCEPT" BUTTON BELOW. Introduction. By accepting this Agreement, You are requesting to participate in the Program where Google provides hosting services at the direction of content providers who seek to make their content available to end users, subject to the terms of this Agreement. "You" means you or, if you are accepting on behalf of your employer or another entity, then "You" means that employer or entity and affiliates. We may revise the terms of this Agreement by providing the new terms and conditions for You to accept or reject when You next log in to the Program and by sending notice to You at your email of record. The email notice will contain a link to the new terms and conditions, which You may accept or reject within ten (10) days from the date the notice was sent to You. If You do not accept or reject the new terms within the ten (10) day period, You will be deemed to have accepted and be bound by the new terms. If You reject the new terms, this Agreement will be terminated and You will no longer be able to participate in the Program. 1. Program Participation. Participation in the Program is subject to Google's prior approval and Your continued compliance with the terms of this Agreement. We reserve the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Google (including by electronic mail). You are solely responsible for keeping your email address and other contact information updated. 2. Your Content. After acceptance of this Agreement, You may designate content for hosting and display to end users by uploading such content directly to Us in accordance with the uploading instructions (the "Uploading Instructions") and by providing additional information about Your content in the form provided in connection with the Uploader (the "Uploading Form"). All content so designated by You and contained within such content, including but not limited to all images, closed captioning, and music, is referred to collectively as "Authorized Content." 3. Use of Content. By accepting this Agreement and uploading Your Authorized Content to Google, you are directing and authorizing Google to, and granting Google a royalty-free, perpetual, non-exclusive right and license to, host, cache, route, transmit, store, copy, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the Authorized Content in order to (i) host the Authorized Content on Google's servers, (ii) index the Authorized Content; and (iii) display the Authorized Content, in whole or in part in the territory(ies) designated in the Uploading Instructions, in connection with Google products and services now existing or hereafter developed, including without limitation in products developed for syndication. This license gives Google the right to copy, excerpt, distribute and display Your Authorized Content via both streaming and progressive downloading technologies, and to display limited excerpts of Your Authorized Content for no fee to the end user. 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You hereby grant Google a non-exclusive, world-wide, royalty-free license to use Your name and logo ("Brand Features"), in connection with Your Authorized Content, and to use limited excerpts from Your Authorized Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts and brand features on the Internet and in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If this Agreement is terminated, Google may continue to use such excerpts and Brand Features in printed (versus "online") materials that are in existence as of the date of termination until such materials are depleted or are redesigned, whichever comes first. 6. Uploader. You may use the Uploader for the sole purpose of providing Your Authorized Content to Google. You must immediately notify Us of any known unauthorized use of the Uploader. You may not use the Uploader for any other reason, including but not limited to (i) selling or otherwise redistributing any aspect of the Uploader, (ii) modifying, adapting, translating, or reverse engineering any portion of the Uploader; (iii) attempting to break security, access, tamper with or use any unauthorized areas of the Uploader; (iv) removing any copyright, trademark or other proprietary rights notices contained in or on the Uploader; (v) attempting to collect or maintain any information about other users of the Uploader or other third parties for unauthorized purposes; (vi) transmitting any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature; or (vii) using the Uploader for any unlawful, harassing, abusive, criminal or fraudulent purpose. 7. Proprietary Rights; Required Notices. Nothing contained in this Agreement conveys any ownership right to Us in any of the Authorized Content, or other materials provided by You. You acknowledge that as between You and Google, Google owns all right, title and interest in and to the Program and the Uploader and portions thereof, including without limitation, all intellectual property rights. 8. Confidentiality. You agree not to disclose Google Confidential Information without Our prior written consent. "Google Confidential Information" includes without limitation: (i) all Google software, technology, programming, technical specifications, materials, guidelines and documentation relating to this Program; (ii) any click-through rates, financial information (including pricing), business information, including operations, planning, marketing interests, products, and any other reporting information (including revenues, if any, paid to You by Google) provided by Google; and (iii) any other information designated in writing by Google as "Confidential" or an equivalent designation or that would otherwise be reasonably considered confidential or proprietary under the circumstances. It does not include information that has become publicly known through no breach by You or Google, or information that has been (a) independently developed without access to Google Confidential Information, as evidenced in writing; (b) rightfully received by You from a third party without a breach of confidentiality by such third party; or (c) required to be disclosed by law or by a governmental authority. 9. Payment. You may designate a price for playback of Your Authorized Content in the Uploading Form. In the event We decide in our sole discretion to charge for video playback of any of Your Authorized Content, We will pay to You seventy percent (70%) of the gross revenues, if any, recognized by Google and attributable to such video playback of Your Authorized Content based upon the price you designate. If We incur extraordinary costs and expenses in hosting, indexing and displaying Your Authorized Content relative to its designated price, then We may retain a greater percentage of the revenues in order to defray these costs. If You have not designated a price for Your Authorized Content and We incur extraordinary costs and expenses in hosting, indexing and displaying Your Authorized Content, we may charge a fee in order to defray these costs. 10. Disclaimer and Limitation of Liability. THE PROGRAM AND THE UPLOADER ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. GOOGLE EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE PROGRAM AND THE UPLOADER AND THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. 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By accepting this Agreement and uploading Your Authorized Content, You represent and warrant to Google the following: (a) You are at least 18 years of age, (b) all of the information provided by You to Google to enroll and participate in the Program is correct and current (including without limitation information You provide in the Uploading Form); (c) the Authorized Content is not, in whole or in part, pornographic or obscene (d) You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Authorized Content and Your Brand Features to enter into this Agreement and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement. 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Either party may terminate this Agreement immediately upon written notice to the other party if the other party files a petition for bankruptcy, becomes insolvent, or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other party or its business. You may terminate this Agreement for convenience upon thirty (30) days prior written notice. You may withdraw Your Authorized Content from public display in the Program by providing Google with a written request as set forth in the FAQ. Google will use commercially reasonable efforts to remove Your Authorized Content from public display within thirty (30) days from receipt of notice of termination or withdrawal. Google may at any time in its sole discretion terminate the Program, terminate this Agreement, or withdraw any Authorized Content in the Program. 14. Privacy and Information Rights. You agree that We may use information that You provide to Us when You register for the Program (including but not limited to contact and billing information) in accordance with the privacy policy located at http://www.google.com/privacy.html [google.com]. In addition, You agree that Google may transfer and disclose this information, including personally identifiable information, to third parties for the purpose of approving and enabling your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Google may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Google disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. 15. General. a. Notices. 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[BJ_M]

I think ADAM wrote that one

[hudsonf]

I would tell Google were to go.