Ubisoft - TOS update could get you sued.

[Wyre]

So I first heard the news via Upper Echelon Gamers

source: 

 

 

From the Ubisoft TOS:

Source: https://legal.ubi.com/termsofuse/en-US

 

6.  WHAT ABOUT CONTENT I MAY CREATE OR UPLOAD ON OUR SERVICES (UGC)? 
This Section explains the different types of content You may create, publish and share on our Services, and the related rights You grant to us and to other Users with respect to such content.

In certain Services, You may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos, videos, maps, music compositions/sheets, streams, activities and other materials ( collectively, "User Generated Content” or “UGC”).  You warrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may be applicable. This Section will continue to apply after any termination of your Account and/or termination or suspension of a Service.

 

This includes any Videos and Streams! So Twitch, and YouTube!

 

 

From Sections 6.1

Your use of Derived UGC. You cannot use the Derived UGC other than strictly pursuant to the Terms. We hereby grant You a non-exclusive and non-transferable personal license, revocable at all times, to use Derived UGC You have produced throughout the world and for the duration of Your use of our Services, solely in order to: record it on your console, computer, mobile terminal or any medium You use to access our Services, load it on our Services, and, share it with other Users on our Services.

So strictly speaking, per this section, you may NOT upload video content, or stream content to any other service other than UPLAY. This means that users of Ubisoft titles may NOT stream UGC to Twitch, or upload video content to YouTube.

 

 

From Section 6.2

6.2  UGC featuring your image. If Your UGC reproduces your image, You acknowledge that We have a right to use your image as part of our Services throughout the world in perpetuity. If Your UGC features the image of any person other than yourself, You warrant that You have received the permission of such person for the use of his/her image and You indemnify UBISOFT for any losses which We may incur in the event of a complaint, action or claim by such other person concerning the use by us of his/her image, derived from your UGC.

Per this section, if you stream or upload content that is then used by Ubisoft, and there is someone else in this content... you are taking responsibility for anyone elses image or content that may be in the video. (this could include background images, tv show playing in the background, etc. etc. etc. ?)

 

 

From Section 6.4 (part ii)

(ii) You warrant to us that UGC (a) does not infringe the Intellectual Property Rights or other rights of any third party, (iii) does not constitute an act of unfair competition and (b) does not require that We obtain further licenses from or pay royalties or compensation to or provide any attribution to any third parties;

So if you stream on twitch a Ubisoft game, and in the background you have music playing from a streaming service that you have a license to use (such as Epidemic Sound for instance). And Ubisoft uses your video in an ad... YOU have the rights and the License to use the service, but Ubisoft does not. So if Ubisoft gets sued for using the UGC, you are now LIABLE for this, and Ubisoft per the TOS can go after you for ANY damages.

 

--------------------------------------------------------------

 

There is more in this TOS that is very dangerous for any content creator. Take a few minutes to read through each section and realize that you must accept this TOS by August 12th, 2020... or your account will be closed, and you will lose all access to all Ubisoft content.

 

 

 

[Ashleyyyy]

fuck ubisoft. i'm gonna go through my physical games and sell anything ubisoft published. vote with your wallet people!

[Lurick]

The ToS can only apply to their services. There is nothing preventing you from streaming to other services.

[Commodus]

This seems like a classic case of "terms of service panic..." that is, an interpretation of the terms that suggests far more nefarious purposes than the company intends.

 

See also: those people who repost that "I do not consent" image on Instagram based on a bad interpretation of some old Facebook TOS material.

 

Ubisoft likely isn't trying to claim control of your YouTube video or Twitch stream, and if lawyers believe it could be interpreted that way, it'll be amended.  Relax.

[TetraSky]

This just gets added to the list of reasons to not give Ubisoft your money. Because it wasn't long enough as is..

[Vishera]

Upper Echelon Gamers took things out of context,

If you read carefully you will see that things are different than how they were portrayed in the video.

 

Right from the start - at the title you can see that the UGC section is limited to Ubisoft's services:

6.  WHAT ABOUT CONTENT I MAY CREATE OR UPLOAD ON OUR SERVICES (UGC)? 

 

Which means that this section is limited to Ubisoft services,therefore it does not apply to non-Ubisoft services.

 

Legal talk can be deceitful,if you miss just one thing it can change the way you interpret things,and interpret them wrong.

[Doobeedoo]

It's like fearmongering or whatever really. Though it always sucks when gaming content in modern consumer media can have the most issues with various TOS platforms or some license nonsense like music and stuff. 

[WereCatf]

46 minutes ago, Vishera said:

Upper Echelon Gamers took things out of context,

From what I've seen, they like to do this quite often. Not a channel I'd put any weight on, that's for sure.

[straight_stewie]

TOS's aren't the end all be all of contractual agreements and can be turned over in court.

It's likely that a reasonable judge would tell Ubisoft that they are responsible for what's in their commercials, because they are.

[steelo]

Ugh...Ubisoft...need I say more.

 

I have been less than impressed with their support for st: bridge crew (which has been partially broken for about 6 mos now) and the division 2

[RejZoR]

I haven't bought or played any Ubisoft game for years. I did buy some old ones on GOG that were still from old Ubisoft we loved. But after they introduced their draconian perpetually broken Always-On DRM garbage, it became pure cancer. And stunts like above one. I frankly don't feel like I'm missing anything while I'm refusing to play any Ubisoft game.

[DrMacintosh]

The only Ubisoft title I have is Silent Hunter 4 on Steam. 

[wanderingfool2]

4 hours ago, Ashley xD said:

fuck ubisoft. i'm gonna go through my physical games and sell anything ubisoft published. vote with your wallet people!

Vote with your wallet, but be informed prior to voting.  (See later on in my post)

3 hours ago, TetraSky said:

This just gets added to the list of reasons to not give Ubisoft your money. Because it wasn't long enough as is..

 

26 minutes ago, RejZoR said:

I haven't bought or played any Ubisoft game for years. I did buy some old ones on GOG that were still from old Ubisoft we loved. But after they introduced their draconian perpetually broken Always-On DRM garbage, it became pure cancer. And stunts like above one. I frankly don't feel like I'm missing anything while I'm refusing to play any Ubisoft game.

I really do think it is worth noting again (as other have).  This is being blown out of proportion; the TOS are for when using their platform to stream (it doesn't prevent you from streaming to other places, and many places have similar types of terminology).

[suicidalfranco]

small correction at the begin of the video

and the video he mentioned for the correction 

[DarthEoin]

this is just a Response to Basically Homeless ad with Ubisoft

 

[steelo]

No, ubisoft isnt going to own your soul, but they are giving people less of a reason to buy their software. Their customer support is AWFUL, I dealt with a dozen software technicians over a 2 week period to diagnose an audio issue on a ubisoft game. What was most frustrating was every time I got a new customer support technician, they asked the same exact questions as the last, which I answered already...

 

On top of that, they have the tendency to completely stop support for games that are only a few years old. stbc has been broken for 6 months now...along with a multitude of audio problems and random disconnects from the ubisoft server, when the ship takes a certain amount of damage, the screen turns completely white.

 

That alone is enough to deter me from ever purchasing another game from them.

[Dravinian]

From Twitch:

 

a. License to Twitch

(i) Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch, if you submit, transmit, display, perform, post or store User Content using the Twitch Services, you grant Twitch and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Twitch Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Twitch and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

 

It isn't unusual, though I noted Youtube takes a different path.

 

There is a reason for Youtube's different path btw....it is because 1, they are larger, but 2, it is because of the DMCA.

 

In both of the terms considered here, you are uploading content of you, and your own user generated content.

Youtube deals with a lot of other types of content, though also user generated, which includes a LOT of copyright material.  There were noises on this forum recently about the US recommending steps to make Youtube responsible...that is because Youtube is not currently responsible.

 

So it cannot have the same terms, or it would become responsible.

[Curious Pineapple]

1 minute ago, Dravinian said:

From Twitch:

 

a. License to Twitch

(i) Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch, if you submit, transmit, display, perform, post or store User Content using the Twitch Services, you grant Twitch and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Twitch Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Twitch and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

 

It isn't unusual, though I noted Youtube takes a different path.

Basically "we can use content you host/stream on our services for advertisement or compilations". The likeness of third parties is to indemnify the company in case they use a clip and someone in it isn't happy about it and decided they want money.

[Dravinian]

1 minute ago, Curious Pineapple said:

Basically "we can use content you host/stream on our services for advertisement or compilations". The likeness of third parties is to indemnify the company in case they use a clip and someone in it isn't happy about it and decided they want money.

It is a legal requirement, I said the same on here before.

 

I would be shocked if a company didn't do this.

I would then immediately call a friend and get him to add user generated content with me in the background and sue the crap out of them....

[3rrant]

20 hours ago, Ashley said:

fuck ubisoft. i'm gonna go through my physical games and sell anything ubisoft published. vote with your wallet people!

You already gave them money, if you resell the game it isn't gonna affect them at all.

Don't buy stuff in the future maybe if you don't like the company.