On mega.co.nz, you are responsible for the behavior of other users


Service: Mega
Status: DECLINED
Changes: 5
Source: link
Author: michielbdejong (6) Staff


on mega.co.nz, you are responsible for the behavior of other users


Comments:
On 2018-05-15 09:11:45 UTC, Deleted wrote:

imported from EqkHf9oLXco

On 2018-05-23 12:41:35 UTC, Deleted wrote:

https://groups.google.com/forum/#!msg/tosdr/EqkHf9oLXco/QrLybWsmBSYJ "If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms."
https://github.com/tosdr/tosback2/blob/265e49bf24a91076495ce1fddf279c4638421a66/crawl/mega.co.nz/Terms%20of%20Service.txt#L25

i guess this odd clause is there because they expect that many users will use the service for sharing copyrighted material, and they don't want to get into trouble for that. For instance, user 1 could upload a copyrighted file, and then user 2 publishes a link to it on a searchable forum. Through this clause, user 1 would be responsible for the behavior of user 2, and moreover, if the copyright owner decides to sue Mega (which they shouldn't, they should probably only sue user 2 and send a removal request to the forum), then user 1 has to pay for the legal fees of Mega.

this means that through no fault of their own, user 1 could suddenly have to pay a lot of money to Mega.

You may hope that this clause never comes into effect, but that is only hope. the truth is that as a Mega user you are agreeing that you may have to pay a lot of money to Mega, even if you were not the person who got them into trouble.

what do other people think of this? i think this clause is really quite heavy, and goes a lot further than the more standard 'you will indemnify us if you broke these terms' clause that many other services have.

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On 2018-08-30 08:43:03 UTC, import script (4) Bot wrote:

scripted message: please link to a quote

On 2018-09-10 10:14:04 UTC, import script (4) Bot wrote:

scripted message: moving this point to Michiel

On 2018-09-10 13:24:55 UTC, michielbdejong (6) Staff wrote:

annotate view is not working for https://mega.nz/terms but the following quote is currently (still) on there:
---
If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.

On 2018-09-12 11:03:05 UTC, Vincent (Mr. 404) (404) Staff wrote:

approved:

On 2023-04-25 10:58:54 UTC, Agnes_de_Lion (20760) Staff wrote:

CHANGES REQUESTED
Suggesting case-switch to https://edit.tosdr.org/cases/148 as discussed in the forum https://tosdr.community/t/case-proposal-you-are-responsible-for-the-behavior-of-other-users-of-the-service/2853

On 2023-06-25 22:01:34 UTC, System (21311) Bot wrote:

DECLINED
Point automatically declined as no activity have been monitored over a course of 2 months. Was: changes-requested

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We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2023-06-25 22:01:34 UTC by Deleted Staff

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Version 2: 2023-04-25 10:58:46 UTC by Agnes_de_Lion (20760) Staff

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Version 3: 2018-09-12 11:03:05 UTC by Vincent (Mr. 404) (404) Staff

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Version 4: 2018-09-10 13:27:12 UTC by michielbdejong (6) Staff

Previous Title: on mega.co.nz, you are responsible for the behavior of other users

Updated Title: On mega.co.nz, you are responsible for the behavior of other users

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Version 5: 2018-05-15 09:11:45 UTC by Deleted Staff

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Updated Title: on mega.co.nz, you are responsible for the behavior of other users

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Updated Analysis: on mega.co.nz, you are responsible for the behavior of other users

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Updated Status: PENDING