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DystopianMatterport Ecosystem

Feb 2018 TOS Pros and Cons6468

WGAN Basic
Member
New Brighton, PA
frstbubble private msg quote post Address this user
I think that to organize a list of opinions on the Feb 2018 TOS we should each post only 3 Cons, most important to you, they see with the TOS and also post the 3 Pros you find most important with the TOS.

As we all can complain and be Matterbabies, and I am one that is also guilty of it, it is important that our voice of displeasure be heard. But, that does no good unless we also provide answers we would like to see. I think that Mr. Bill Brown may be looking for input and taking input for adjustments and this could help build a list to work with.

I'm listing Cons first and ending with a positive Pros last.

Cons:
1. Assuming Royalty free "private" use of our creative content. Both past and future. (Still, don't see how they can say it about data captured and produced under a TOS that didn't include this statement)
2. Privacy rights of people that had nothing at all to do with the scan in first place. And of the homeowners that used it through their realtors.
3. Matterport wanting to compile a list of homeowners that had scans done. Their opt-out data collection form that is on their website that is just collecting their information but not opting them out of anything right now.

Pros:
1. Moving Matterport forward with third-party integration.
2. Making Matterport useful in the future. I like the idea of someone who moves into a house to be able to use a scan to virtually redecorate and the scan has a longer life than just listing advertising. (Just enable the content provider to be compensated for the licensing for this use or at least affiliate compensation for used in 3rd party services. If they use Rooomy to remodel and buy furniture where is a small percentage of that?)
3. Matterport CEO sending out the letter trying to explain the new TOS. At least it was not just done and had to be discovered on our own when we logged into my.matterport.

Hope more people contribute to this. There are people on here that will carry our message onward.
Post 1 IP   flag post
OpenHouseOptics private msg quote post Address this user
It’s a good start
Post 2 IP   flag post
isabel private msg quote post Address this user
Con: Requiring camera owners to obtain consent from 3rd parties.

3.8 You represent and warrant that You have all rights, consents and/or permissions necessary to grant Matterport the licenses set forth in Section 3.7 of these Spaces Processing and Hosting Terms, including under any and all copyright and other intellectual property rights, as well as any moral rights, rights of privacy, rights of publicity and similar rights of any type in or to all Raw Sensor Data, Your Uploaded Content and Derived Imagery.

In the Facebook town hall, I requested clarification on what this means:

Me: Over time, many owners, investors, real estate agents and renters may become associated with a private residence. What are Matterport’s plans for keeping track of changing occupancy? Unless there is a process for giving full and timely disclosure to each party, wouldn’t Matterport be saddling everyone in the chain with unwanted liability?

Answer: While a Matterport Space may be managed/owned by the owner, realtor or MSP, the party authorized to request the removal of a Matterport Space is the authenticated and verified property owner. Full and timely disclosure about a Matterport Space is on the shoulders of the Matterport user that created the Matterport Space.

So your legal obligations towards a space NEVER ceases, going forward AND going backward, even for models you have deleted.

Question: If I delete a model, is it permanently deleted? Or, will Matterport use it in the new ecosystem?

Answer: If a model has been public at any point in time then it is subject to the Limited license and the license is perpetual so applies to deleted models.
Post 3 IP   flag post
Snap private msg quote post Address this user
I had posted on MOUG stating that reverting back to the original TOS still mentions:

"...you give Matterport an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in such material."

And until they can CLEARLY DEFINE what that data will be used for in the future, it still leaves us and our clients vulnerable... The post was taken down shortly after...so much for transparency on that forum...
Post 4 IP   flag post
WGAN Basic
Member
New Brighton, PA
frstbubble private msg quote post Address this user
@Snap In the context of that specific revision of the agreement I would say that that was to allow Matterport to display the showcase on sites YOU wanted.
Post 5 IP   flag post
Frisco, Texas
Metroplex360 private msg quote post Address this user
https://www.wegetaroundnetwork.com/topic/6479/announcement-terms-of-service-rollback/
Post 6 IP   flag post
WGAN Basic
Member
New Brighton, PA
frstbubble private msg quote post Address this user
@Metroplex360 Thanks for the update!
Post 7 IP   flag post
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