Matterport Terms of Use>What does this mean?5265
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 WGAN ForumFounder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| Hi All, A Forum Member writes (below)whom did not want his name used ... I am not a lawyer. I do not give legal advice. What are your thoughts? Best, Dan --- [redacted] ... I still have worries with the MP legals. You give up all control and rights in the moment you send the data from your iPad to the MP Cloud: "... you give Matterport an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others ..." Could you really explain this to your clients? ---- |
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SailAway private msg quote post Address this user | |
| I really want to be done with matterport at this point. I am entering a world that has to do with serious pharmaceutical companies were thetechnology could be used, At this point I can't utilize Mediport knowing I don't own any of the material we do. I think class action lawsuit is in order. Yes Siri type the whole thing so sorry about any mistakes | ||
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3SixtyNow private msg quote post Address this user | |
| Well, that's not good! | ||
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Frisco, Texas |
Metroplex360 private msg quote post Address this user | |
| Matterport may reserve that right legally, but in practice, what comes of it? Their online gallery is by submission. Concern about the terms depends on the use case. For many of our clients, it doesn't really matter. |
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lauks private msg quote post Address this user | |
| I also think this is a big problem, as is the cloud service. They are closing some doors for business, like Forensics. They should sell the camera at twice the price and open it and sell the software (but the subscription model is surely more interesting for MP. | ||
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mori private msg quote post Address this user | |
| The issue is when dealing with e.g. newspaper portals, big media companies they really rely on this and the current legals kill all possible projects in these fields. @Metroplex: "For many of our clients, it doesn't really matter." -> have you explained this to any of you clients? I guess if they would know this, they would care. Ask yourself: why do all the media sites like e.g. Huffpost, Forbes, Techcrunch etc. write articles about MP but don´t integrate virtual tours in their portals? |
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WGAN Forum Founder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| Hi All, The Forum Member - the originally reached out to me to start this discussion - writes ... Dan --- Maybe you can add the main concerns of the current terms: Especially these ones: 3. User-Submitted Information. - Except as expressly provided in Matterport’s privacy policy, you give Matterport an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others. 5. Ownership and Use of the Service. - Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Matterport - Matterport reserves the right to discontinue any aspect of the Service at any time. 9. Termination. Matterport may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination. |
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WGAN Forum Founder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| Hi All, Some more from the Forum Member that originally reached out to me to start this discussion ... Dan --- I will also consult a lawyer [redacted]. But I am really worried about this feedback as from my personal point of view the current legals make [Matterport]-Services unusable in general as you as photographer give up everything when using it. I guess that´s also the main reason why no media company, magazines & newspaper´s are using it a lot. These kind of clients want all control and rights from the photographer and with MP you just can not provide this. I really hope I have a wrong point of view on this. |
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mori private msg quote post Address this user | |
| Here an overview of all current legals: https://matterport.com/legal/ | ||
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mori private msg quote post Address this user | |
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mori private msg quote post Address this user | |
| And for sure some stuff worth to follow: - http://www.photoattorney.com/bound-bindedcom/ - https://twitter.com/PhotoAttorney |
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Frisco, Texas |
Metroplex360 private msg quote post Address this user | |
Quote:Originally Posted by mori Note: I'm not sure if Mori is asking us to ask this -- or just repeating the anonymous writer above -- thus I do not want to come off as debating Mori here - just fact checking. #1) https://techcrunch.com/2016/09/20/scanning-my-apartment-in-vr-with-matterport/ #2) Huffpost only has one article about Matterport, thus their use as an example is inadmissable. (http://www.huffingtonpost.com/nerdwallet/virtual-reality-how-tech_b_12870624.html?utm_hp_ref=virtual-reality) #3) Forbes do not appear to embed interactive content in their articles, but do embed YouTube and Vimeo videos. For almost all Matterport videos, they embed a Matterport Created video into the article, which does a good job explaining the tech. -- I think that the lack of news outlets using Matterport Tours is anecdotal - I simply don't think that it's as relevant to them as video and photos. Even talking about Matterport is EASIER to do by embedding an overview video alongside images of the camera. |
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Frisco, Texas |
Metroplex360 private msg quote post Address this user | |
Quote:Originally Posted by mori Last year, I paid a nationally recognized law firm that specializes in tech, copyright and social media to review Matterport's TOS and business model in regards to photography. They were FANTASTIC, well prepared for the conversation - had reviewed the TOS, and provided very sound legal advice. I believe I even had invited @DanSmigrod to be on the call - but I believe he declined. The legal advice I was given was VERY simple: We accept the terms of use in order to use Matterport. In doing that, we waive the right to extract any imagery that is not provided explicitly by Matterport via their my.matterport.com. -- Loopholes: If you are NOT a Matterport user, you have not entered into a TOS agreement, therefore you can do whatever you want. However, if you extract someone else's photography from Matterport, they are violating the TOS by having you do it by proxy. Additionally, if you live in China or a country where things like this fall into the gray area, you may be able to do whatever you want and it doesn't really matter. For What it's Worth: If you need to use a model offline, use Showcase for iOS and remove the model from my.matterport.com. Matterport Cloud is a necessary part of the ecosystem as it processes your tours. Even if you delete your tour, there's a chance that Matterport retains a backup - and it's simply because they are a service provider with infrastructure. Their processing is state of the art and is intrinsic to the Matterport product. -- Also, what were you wanting to communicate by posting those links? |
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