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From "Jukka Zitting" <jukka.zitt...@gmail.com>
Subject Re: Any legal issues with Google Analytics?
Date Thu, 11 Dec 2008 00:08:50 GMT
Hi,

On Wed, Dec 10, 2008 at 10:18 PM, Marshall Schor <msa@schor.com> wrote:
> Is this an obligation the ASF would agree to?

I don't see much problem with that (but IANAL). I guess Google would
have a good claim for damages even without this ToS if we did
something that ended up hurting them legally.

> If not, is it the individual who signs up for the license [...]

I don't personally feel too concerned to use my own Google account,
but this does raise the issue of whether we should have some official
"Apache" account at Google for setting up services like Analytics.

> Unless You notify Google otherwise in writing, You hereby grant to
> Google and its wholly owned subsidiaries a limited license to use Your
> trade names, trademarks, service marks, logos, domain names and other
> distinctive brand features ("Brand Features") in presentations,
> marketing materials, customer lists, and financial reports.

They must have changed the ToS as I can't find that in the current version.

I wonder if they have some mechanism for notifying people when the
terms change...

> Should Apache have an initial practice of "notifying Google in writing"
> to not grant use of Apache's Brand Features?

I guess that's something for the PRC to answer, assuming those terms
still apply.

BR,

Jukka Zitting

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