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Nik Collection by Google License?
  
 
Twisties
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p.1 #1 · Nik Collection by Google License?


So, I got my email offering me the FREE upgrade of my suite. Downloaded it. Got into the install as far as the license...

It was very short. Yippee... but it had a link in it... well not a link... an address... I copied it out and went there... to Google's TOS... in short,

"When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps)."

Full Text Link

Apparently the software is no longer viewed as a product, but a service, like Google Plus or Gmail. Second, although a license is embedded in the TOS, the TOS is considerably broader. Finally... no I am not giving them a license, however limited, to use my work when I edit at home on stand alone software.




Apr 16, 2013 at 10:38 PM
sic0048
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p.1 #2 · Nik Collection by Google License?


Holy Over Reaction, Batman!

First, those are TOS for Google as a whole, not specifically for the Nik Suite. Obviously if you upload data (including photos) to Google, they have to have the right to modify and redisplay that data. The TOS are limited to Google's normal operations (ie they can't sell your print to some other company to use in advertising without your permission).

Secondly, simply using the Nik Suite does not give Google the right to use all the images you edit with their software. Unless you upload those images, or transmit those images using some other Google software/cloud solution, you don't have anything to worry about.




Apr 17, 2013 at 03:13 PM
WAYCOOL
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p.1 #3 · Nik Collection by Google License?


Which part of "upload or otherwise submit" did you not understand?

You know that you don't own most if not of your software but merely license it's use.



Apr 17, 2013 at 03:43 PM
Twisties
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p.1 #4 · Nik Collection by Google License?


"First, those are TOS for Google as a whole"

My point, exactly.

"not specifically for the Nik Suite."

Well, that right there is now, if you accept it, part (nearly all of) of your Nik Software TOS, which replaces your license if you install the update. So, yes, it is most certainly specifically for the Nik Suite... even if it is not exclusively for the Nik Suite. Semantics aside, it clearly applies.


"Secondly, simply using the Nik Suite does not give Google the right to use all the images you edit with their software."

"Which part of "upload or otherwise submit" did you not understand?"

Well that right there is the question. What I read is that since the Nik software is now termed a service and it's use is now governed by a TOS rather than a standard license, I assume, "When you upload or otherwise submit content to our Services" includes any act of applying the software to the content... including using the software at home on a stand alone basis, without uploading to any Google online service. I assume that when you enter an image into the software that constitutes "submit." If there is a legal eagle around here that can tell me otherwise, I'll be most pleased to hear it. But what I read is that in fact that you would be giving Google the rights (albeit, somewhat limited) to use your content (images) if you accept these TOS. In fact, I don't see any other way to read it. But I am looking for other interpretations and opinions.







Apr 17, 2013 at 04:25 PM
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p.1 #5 · Nik Collection by Google License?


From my perspective, Twisties' legitimate concern is the shift from licensed product (to me implies local software installation and local usage) to service, which has no implication of where the software runs. And that, to me is the important point.

The responses deal with the semantics of "upload" and the fact that the current software executes locally on our own machines. [emphasis on the word "current".] In doing so, they imply that those clauses of the TOS are not meaningful to us as photographers and intellectual property owners.

Google's market strategy is to motivate everyone to view their software as services that run wherever Google wishes to implement their services, i.e., in the their "cloud". Once, Google starts distributing the NIK plugins as only front-end interfaces that transmit the [image] data to Google for actual processing, this TOS agreement becomes fully meaningful to us as photographers, becasue we won't be able to process our image without "uploading".

As a long-time IT professional with intimate knowledge of the technology trends and business justifications for using AND selling "software as a service " (SaaS), and both Google's data-mining expertise at extracting huge and detailed amounts of information from the "data" that flows through their systems, and governmental agencies' ability to get that data on demand, I viewed the purchase of NIK software by Google with dismay when it was first announced. I view this marketing offer as their first step down a strategic technology plan that results in cloud-based photo editing. When that actually happens, I will start looking for competitors that allow my images to stay local.

Please, no "holy over reaction" responses. You might put different priorities on privacy and intellectual property rights than I do. You are welcome to your opinion. I am welcome to mine as well.



Apr 17, 2013 at 05:36 PM
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p.1 #6 · Nik Collection by Google License?


StephenS_CP wrote:
From my perspective, Twisties' legitimate concern is the shift from licensed product (to me implies local software installation and local usage) to service, which has no implication of where the software runs. And that, to me is the important point.

The responses deal with the semantics of "upload" and the fact that the current software executes locally on our own machines. [emphasis on the word "current".] In doing so, they imply that those clauses of the TOS are not meaningful to us as photographers and intellectual property owners.

Google's market strategy is to motivate everyone to view their software as services
...Show more

All of that too, but I believe that under the present TOS, in stand alone use at your home or business right now, today, you are granting Google a license to any of your work created using this software.



Apr 17, 2013 at 06:33 PM
 

Search in Used Dept. 



Sunny Sra
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p.1 #7 · Nik Collection by Google License?


Google is the debbil


Apr 17, 2013 at 06:48 PM
plugsnpixels
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p.1 #8 · Nik Collection by Google License?


I was surprised by a couple of things here not related to the licensing questions:

Google actually released an "update" to the suite (actually a repackaging/rebranding) and charged for it, albeit at a lower price than before.

I was expecting the suite to die, be absorbed or given away free. Maybe any of these scenarios is still a possibility; time will tell.



Apr 26, 2013 at 05:36 PM
Jun Zhou
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p.1 #9 · Nik Collection by Google License?


do we get free upgrade to new version or we have to pay a certain amount for it?


Apr 28, 2013 at 07:06 AM
WAYCOOL
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p.1 #10 · Nik Collection by Google License?


If you have any Nik plug-in you get the entire suite for free as well as all improvements for life.


Apr 28, 2013 at 04:20 PM
matt4626
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p.1 #11 · Nik Collection by Google License?


link to "free" stuff....please...


May 25, 2013 at 07:46 PM
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p.1 #12 · Nik Collection by Google License?


If you have a registered Nik plug in they would have sent you a link, it could have gone in spam folder. If you have a Nik plug in that you did not register the go to the Nik support site and ask for the link. If you don't have a Nik plug in then you have to pay the reasonable price of $150.00 for the suite. There is not a free link other than the 30 day trial.


May 25, 2013 at 07:57 PM





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