Larry,
I think we're talking two different topics here. One is Google's Image Indexing capabilities, the other has to do with Google's policies (TOS) related to any content uploaded to their servers when using Google Tools or Applications.
In terms of the complete TOS (I'm not an attorney) it clearly states that when they speak of "services", they are referring to any content or image uploaded to the internet using a Google tool or application (i.e. Picassa). They are not referring to any image published on the internet.
In addition, the term "Content" that they use is partially defined as "Content" created by Google and used in their applications. They have complete rights to that type of "Content". The other "Content" they refer to is merely mentioned as "content", lower case. This is the users content, and they refer to it as content uploaded using their tools, such as Picassa.
In short, to me it sounds like the TOS below is only referring to content uploaded using their tools, not all content that is posted to the internet using non-Google tools.
--- In artshow_photo@yahoogroups.com, Larry Berman <larry@...> wrote:
>
> Google Image Search
>
> This hasn't hit all the forums yet but Google has a new image search
> engine that's very accurate in finding out if any of your images are
> appearing on other peoples web sites:
> http://fairtradephotographer.blogspot.com/2011/06/googles-new-search-by-image-tineye-on.html
>
> Understand your rights if you use it. It may be a rights grab.
>
> "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.
>
> 11.2 You agree that this license includes a right for Google to make
> such Content available to other companies, organizations or
> individuals with whom Google has relationships for the provision of
> syndicated services, and to use such Content in connection with the
> provision of those services.
>
> 11.3 You understand that Google, in performing the required technical
> steps to provide the Services to our users, may (a) transmit or
> distribute your Content over various public networks and in various
> media; and (b) make such changes to your Content as are necessary to
> conform and adapt that Content to the technical requirements of
> connecting networks, devices, services or media. You agree that this
> license shall permit Google to take these actions.
>
> 11.4 You confirm and warrant to Google that you have all the rights,
> power and authority necessary to grant the above license."
>
> Larry
>
> ******************************
> Larry Berman
> 412-401-8100
> Art Show Imaging and Jury Services:
> http://BermanGraphics.com
> ******************************
>
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