Mail.Ru Cloud license agreement changed

    I do not work for them! Knowing the dislike for them, I consider it necessary to report this immediately.

    What happened


    For those who do not know, Mail.Ru decided to give everyone 1TB on their cloud drive.
    The post on Habré caused heated discussion. In addition to reports on the operation of the application and statements of distrust of this company, interesting points of the license agreement surfaced:

    5.7. By placing Content on the Service, the Licensee grants the Licensor, its partners and End Users (subject to access to the Licensee’s Personal Disk Space) under the terms of a free, non-exclusive license, the right to use this Content for the entire duration of the exclusive right to the corresponding Content in the whole world by any means, including, but not limited to, making available to the public, viewing, reproduction, translation and processing.

    5.10. By placing Content on the Service, the Licensee grants the Licensor, its partners and End Users (subject to access to the Licensee’s Personal Disk Space) under the terms of a free, non-exclusive license, the right to use this Content for the entire duration of the exclusive right to the corresponding Content in the whole world by any means, including, but not limited to, making available to the public, viewing, reproduction, translation and processing.

    5.12. The Licensee is not entitled to download or otherwise make public (post on the Service) the Content and other results of the intellectual activity of the Licensor and other copyright holders, in the absence of the explicit consent of the copyright holder and / or the necessary amount of rights to such actions.

    6.4. The licensor has the right:
    6.4.2. delete without any reason and without warning any Content, including Content that, at the discretion of the Licensor, violates and / or may violate the laws of the Russian Federation, the provisions of this Agreement, the rights of other Licensees or third parties, harm them or endanger security;

    7.2.7. not to post photographs on the Service, in which other persons are captured in addition to the Licensee, without their prior consent, unless in accordance with Article 152.1. Civil Code of the Russian Federation such consent is not required;

    8.2. The Licensor is not responsible for possible failures and interruptions in the operation of the Application and the loss of information caused by them. The Licensor is not liable for any damage to the Licensee’s personal computer, any other equipment or software caused by or associated with the use of the Application.

    The result was the opinion of many - “a good attempt, Mail.Ru but no.” And I expected the story to end.

    Continued to follow


    Today, benzino quoted with the following text from Anna. Artamonova, vice president of Mail.Ru Group for strategic projects:

    Today we understood a lot (c)

    I want to talk about the launch of the “Terabyte free and forever!” Campaign in our Cloud. As you may have heard, last Friday we launched a cool promotion - we give 1 TB of space in the Cloud to everyone who participates in this promotion (for this you need to click on the "receive" button on cloud.mail.ru/promo and install one from our applications).

    After that, a lot of good things happened, for example, the Minister of Communications of Russia Nikiforov mentioned us on Twitter, in the comments on Habr we were genuinely thanked by severe geeks, and in Appstore we crawled into the Top 50 overoll and to the 2nd (after our post) in Productivity.

    But, unfortunately, there were some fakaps, for the solution of which I would like to report:

    1. Technological: we, of course, prepared and wondered, but to be honest, we did not expect such a surge in traffic! we thought that users would take terabytes for the future and would gradually fill them with their good. In the end, the 100 gigabytes that we gave for free before the start of the action is also a lot. But an interesting thing happened - it was the number of data poured in at one time that increased, and it increased very steeply, tens of times! And we began to slow down and not cope with this load. Of course, this didn’t affect the reliability of storage of already downloaded data (especially since we backed up), but the speed of downloading data to us over the weekend fell significantly, and the web interface sometimes returned 500, which we attentive users began to complain.

    All weekend and Monday morning, our valiant admins and networkers expanded the channel and delivered servers. At the same time, the developers found a couple of bottlenecks in their code, which also exacerbated the load and also corrected them. By Monday evening, the problem was resolved, which was marked by a record number of content uploaded the next day.

    2. Legal: the second result of the increased interest in our service was a careful study of the license agreement, where users found a point that was not very pleasant for them to transfer non-exclusive rights to all content for use for any purpose. From which, many hastened to conclude that we have some far-reaching and insidious plans for user-generated content.

    I want to assure everyone who was worried: there are no plans to use your content “for any purpose”. The item appeared in the drug solely because of the love of lawyers for reinsurance and the carelessness of the product manager, who verbally believed that "this is normal and so with everyone." This paragraph (and actually a few more strange ones) has been corrected and now sounds like "5.10. The Licensee grants the Licensor the right to use the Content solely for the purpose of the functioning of the Service in the manner necessary for this. ” Amen!

    3. Grocery: Despite the frantic traffic, there are rumors that still not everyone understood how to get 1 TB as a gift, I will explain again: cloud.mail.ru/promo- here you need to click "get" and install one of our applications. If you have already installed the application, then by clicking “Get”, you will just see a congratulation and a terabyte in your pocket (or rather, in the Cloud).

    Well, and a summary: despite the increased workload, legal tricks and an early start, we managed. Now everything works fine, the content is absorbed normally (pah-pah), so whoever has not received a terabyte, welcome!

    ps If suddenly there are any other problems, misunderstandings or questions, write to me in PM, please artamonova@corp.mail.ru

    Happy New Year!


    Original.

    After reading this, I decided to look at exactly what changes to the controversial points occurred. Found the following:

    5.7. The Licensee grants the Licensor the right to use the Content solely for the purpose of the functioning of the Service in the manner necessary for this.

    By the way
    1.5. Content - design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other objects (files) posted on the Service, including those uploaded by the Licensee, which are the result of intellectual activity or are not such, the rights to which belong To the Licensor, Licensee or other persons.


    and not for all that the soul desires.
    UPD
    In this LAN (relevant) this is clause 5.10

    Clauses 5.10 - 5.12 are now absent. More Mail.Ru no rights to the uploaded content itself does not reward and hindrances to the rights to the content is not (in the text of the License Agreement).

    UPD
    In the version of cloud.mail.ru/LA , opposite which you tick, they are, are absent in cloud.mail.ru/LA/desktop . But paragraph 5.10 was replaced by the former 5.7 (instead of which the paragraph about cookies now flaunts ), and the remaining two have the same content as before:

    5.11. The use by the Licensee of the Content posted on the Service by the Licensor, by third parties with the consent of the Licensor or by the Licensees, is allowed within the framework of the Service’s functionality subject to any permissions and restrictions that may be established by the copyright holder, subject to the preservation of copyright (copyright) or other notices of authorship, preservation name of the author unchanged.

    5.12. The Licensee is not entitled to download or otherwise make public (post on the Service) the Content and other results of the intellectual activity of the Licensor and other copyright holders, in the absence of the explicit consent of the copyright holder and / or the necessary amount of rights to such actions.


    6.4.2. restrict public access to the Content or delete Content on the Licensee’s Personal Disk Space on the Service, including in the event that the Licensee performs actions that violate the laws of the Russian Federation or the provisions of this Agreement;

    This seems to mean that I will not find one day that all my all my cat photos were deleted from my hard drive by their application. Delete only on the service. However:
    8.6. The Licensor does not guarantee the safety of files and folders with the Licensee’s files on the Licensee’s Personal Disk Space, and is not responsible for the loss of files and folders with files, as well as any other information posted by the Licensee on the Service, as a result of the actions of End Users, unauthorized access by third parties , which became known links to a file or folder.

    So the question is - are they too lazy or not to try so that the deletion due to violations on the service does not synchronize with the folder on my hard drive? It remains open and requires clarification from representatives.

    7.2.7. comply with the requirements of applicable law when posting Content, in terms of obtaining the necessary consent and / or permission of third parties;

    Just add water. And take away the specifics. But still less embarrassing. Yes, and this news about Google recalls that none of the services wants at least to be used to share criminal content.

    8.2. The Licensor is not responsible for possible failures and interruptions in the operation of the Application and the loss of information caused by them. The Licensor is not liable for any damage to the Licensee’s personal computer, any other equipment or software caused by or associated with the use of the Application.

    As it was, it remains. And what kind of free cloud storage is responsible? I have not met. zapimir cited lines from Acronis licensing agreement providing paid services
    ACRONIS IS NOT RESPONSIBLE FOR THE DELETION OF DATA, THE LOSS OF DATA OR THE IMPOSSIBILITY OF STORING DATA.


    So what?


    In general, some kind of defense post came out. My trust in Mail.Ru did not return this and I continue to store backups on the service in an encrypted form. Moreover, they, like all others:
    10.1. This Agreement may be amended by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally enter into force on the day following the day of publication of such changes on the Internet site of the Licensor. The Licensee undertakes to independently check the Agreement for changes. Failure by the Licensee to familiarize themselves with the Agreement and / or the amended version of the Agreement shall not serve as a basis for non-compliance by the Licensee of its obligations and non-compliance by the Licensee with the restrictions established by the Agreement.

    But for the right reaction, they are a plus. Placed here to maintain the objectivity of information on Habré. Since nowhere, including on Habré, I did not find detailed information.

    New license agreement .

    UPD
    Amendment. Three versions of the license agreement were discovered. cloud.mail.ru/LA you accept by ticking the promo page. cloud.mail.ru/LA/desktop opens if you click the LAN button on the desktop client. cloud.mail.ru/LA/mobile - if on mobile.
    Due to the availability of different versions, confusion arose initially.
    The post has been supplemented.

    PS
    Gentlemen of the minus, if you are not too lazy to go to the profile and click on the arrow - take the trouble to explain why. A post is not just copy-paste from FB or another resource. Study comparing past and current license versions. There were typos in the text, but after notifications about them by personal messages they were promptly corrected. If something else is wrong - write, I will correct it. I myself am interested in the relevance of information and the convenience of obtaining it. Inexplicable minuses you will not contribute to this in any way.

    Thanks to everyone who helped sort out the confusion.

    More UPD :-)
    Have fun - so to the fullest, with bast shoes and bears. ReklatsMasters offers auto-check of licensed message ( GitHub) Apparently, he did it specifically for people who are afraid that Mail.Ru will force them to walk on their hands .
    And this was not the end.
    It turned out that there is a special site that tracks changes in the policies of hundreds of sites. It has been working since January 16, 2013. For

    mobile device owners
    Be careful with the mobile application! Instead of WiFi, it can synchronize via mobile Internet. habrahabr.ru/post/207780/#comment_7155586

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