A major media publisher has amended the user agreement for one of its technology-focused news sites, replacing a key clause with language that grants the company a sweeping, irrevocable license to user content. The change is applicable only to use of that specific site, according to the text of the amendment.

The amendment deletes Section VI(2)(B) of the user agreement in its entirety and substitutes a new provision. Under the new terms, users or the owners of any content they post, upload, transmit, send, or otherwise make available on or through the service retain ownership of all rights, title, and interests in that content. However, by posting, uploading, transmitting, sending, or otherwise making available content, registering for the service, entering a sweepstakes or contest, or engaging in any other form of communication with the publisher, users irrevocably grant the publisher a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use that content and those communications.

The license is extraordinarily broad. It covers the right to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such content and communications. The grant applies in any medium now in existence or later developed and for any purpose on or in connection with the service, or the promotion thereof, including commercial purposes. The publisher may also authorize others to do the same.

Key Facts at a Glance

• The amendment applies only to one technology news site.
• Section VI(2)(B) of the user agreement is deleted and replaced in full.
• Users retain ownership of the content they submit.
• Users grant an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license.
• The license covers copying, modifying, selling, sublicensing, syndicating, distributing, and creating derivative works, among many other rights.
• The rights apply in any medium, now or later developed.
• The rights may be exercised for any purpose connected to the service or its promotion, including commercial purposes.
• The publisher may authorize others to exercise the same rights.
• The publisher may use ideas, suggestions, developments, and inventions without compensation or attribution.
• The amendment reminds users to make copies or back up any content, personal data, or communications they wish to retain.

Ownership Is Retained, but the License Is Expansive

The distinction between ownership and licensing is central to understanding the amendment. The new clause states that users or the owners of the content retain ownership of all rights, title, and interests in the content. That means copyright and other proprietary interests remain with the creator or rights holder. But the license that users grant is so broad that it may function like a near-permanent transfer of many practical rights.

The license is irrevocable, so once a user posts or communicates, they cannot later revoke the permission. It is perpetual, meaning it has no fixed expiration date. It is worldwide, so it is not limited by geography. It is non-exclusive, so the user can still use their own content and grant others permission as well. It is unrestricted, which avoids many of the limitations that typically accompany content licenses on digital platforms. And it is royalty-free, so the publisher does not owe the user compensation for exercising the rights.

The list of permitted actions is unusually long. It includes not only standard rights such as reproducing and displaying content, but also selling, renting, sublicensing, syndicating, and creating derivative works. The inclusion of terms like reverse-engineer is also notable, as that word is more commonly associated with software licenses than with user-generated content. The grant also allows the publisher to move, remove, delete, or erase content, which suggests that the publisher may manage or remove user submissions under the terms of the agreement.

What Triggers the License

According to the amendment, the license is triggered by a wide range of activities. It applies when a user posts, uploads, transmits, sends, or otherwise makes available content. It also applies when a user registers for the service, enters a sweepstakes or contest, or engages in any other form of communication with the publisher, whether on or through the service or otherwise. That language is broad enough to cover not just articles and comments, but also emails, messages, feedback, contest entries, and other interactions.

The agreement also states that by engaging in these activities, users grant the license to all such content and communications. The phrase all such content and communications suggests that the license is not limited to a single post or message. It may extend to the entire body of content and communications a user provides to the service over time.

Commercial Use and Promotion

The license expressly permits use for any purpose on or in connection with the service, or the promotion thereof, including commercial purposes. That means the publisher could use user content in advertising, marketing, sponsored content, or other revenue-generating activities. It could also sublicense the content to third parties, who might then use it for their own commercial purposes.

The amendment does not require compensation or attribution for ideas, suggestions, developments, or inventions. The text states that the publisher may use such submissions in any manner as it sees fit on or in connection with the service, or the promotion thereof, without any compensation or attribution to the user. This is a common provision in user agreements, but its scope here is tied to the broader content license.

Potential Effects on Contributors and Commenters

For professional contributors, the amendment may raise questions about how their work can be reused. A freelance writer or photographer who posts content on the site might still own the copyright, but the publisher could sell, sublicense, or syndicate that content without further permission. A commentator who posts a forum message or comment might find that message used in promotional material or commercial contexts.

The perpetual and irrevocable nature of the license means that deleting a post may not end the publisher rights. Even if a user removes content from the site, the publisher may retain copies, caches, or archived versions, and the license could still allow continued use. That is why the amendment includes a reminder that users should make copies or otherwise back up any and all content, personal data, or communications they post, upload, transmit, send, or otherwise make available on or through the service that they may wish to retain.

Privacy and Personal Data Considerations

The amendment is framed as part of an update to the user agreement and privacy policy. The visible text focuses on the user agreement, specifically Section VI(2)(B). It does not provide the full privacy policy language. However, the backup reminder refers to personal data as well as content and communications. Users who post personal information or sensitive communications should be aware that the license may cover those communications if they are submitted through the service.

The license does not explicitly say that the publisher will use personal data for commercial purposes, but the broad language about content and communications could be read to include information that users voluntarily submit. The agreement does not appear to limit the license to technical needs such as hosting or display. Instead, it allows commercial use, sublicensing, and syndication. That breadth may concern users who expect their personal data to be handled only for the purpose of providing the service.

Industry Context for Broad Content Licenses

Digital platforms often require broad licenses to operate. To host, display, distribute, and promote user content, a platform needs permission from the content owner. Without such a license, the platform could face copyright infringement claims for basic functions like displaying a comment or sharing a post. Many user agreements therefore include a license to use content in connection with the service.

However, the scope of those licenses varies widely. Some platforms limit the license to the purpose of providing the service, while others allow promotional use. Some licenses are revocable, and some expire when the user deletes the content. The amendment in question goes further than many standard agreements by making the license irrevocable, perpetual, unrestricted, and sublicensable, and by expressly allowing commercial use. It also covers a wide range of actions, including selling and renting content.

Such broad terms are not unprecedented. Social media companies, media organizations, and online marketplaces often include expansive licenses in their terms of service. But the combination of features in this amendment may attract attention from users, privacy advocates, and legal analysts. The clause does not include a royalty payment or a requirement to attribute content to the original creator, except in the specific context of ideas, suggestions, developments, and inventions. For content itself, the license does not mention attribution, so the publisher may not be required to credit the user when reusing or modifying the content.

Questions Raised by the Amendment

The text leaves several questions unanswered. It does not specify how the publisher plans to exercise the license. It does not say whether the publisher will sell user content to third parties or use it in advertising. It does not explain how users can request deletion of their content or how the perpetual license interacts with deletion requests. It also does not clarify whether the license applies retroactively to content posted before the amendment took effect.

Users who are concerned about these issues may need to review the full user agreement and privacy policy. The amendment itself is limited in scope: it applies only to use of the specific technology news site and only replaces Section VI(2)(B). Other sections of the agreement may contain additional terms about content, privacy, and user rights.

What the Amendment Means in Practice

In practice, the amendment gives the publisher maximum flexibility to use content submitted by users. A comment, a forum post, a photograph, a video, a message, or a contest entry could all fall within the license. The publisher could reproduce it, modify it, sell it, sublicense it, or use it in a commercial promotion. The user would retain ownership, but the publisher would have a permanent, worldwide, royalty-free right to exploit the content.

The agreement also allows the publisher to authorize others to do the same. That means third parties could potentially use the content under a sublicense from the publisher. The user might not be notified or compensated. The only explicit exception in the text concerns ideas, suggestions, developments, and inventions, which the publisher may use without compensation or attribution. For other content, the text does not promise compensation or attribution.

The amendment includes a practical warning: users should make copies or otherwise back up any and all content, personal data, or communications they post, upload, transmit, send, or otherwise make available on or through the service that they may wish to retain. That warning suggests that the publisher may not guarantee the availability or permanence of user content on the site, and that users should not rely on the service as their only storage location.

The amended clause takes effect as a replacement for the deleted Section VI(2)(B). It is applicable only to use of the specific technology news site. Users who continue to use the site after the amendment are deemed to accept the new terms, including the broad license grant. Those who do not agree with the terms may need to stop using the service and back up their content before doing so.

The text does not include a conclusion or summary, and the amendment ends with the backup reminder. That reminder serves as the final factual point: users who wish to retain their content, personal data, or communications should make copies or otherwise back them up, because the revised agreement grants the publisher extensive rights to use, modify, sell, sublicense, and distribute that material.

Source:Ars Technica News