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


Status: approved
Changes: 3
Source: link
Author: michielbdejong


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


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

imported from EqkHf9oLXco

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

scripted message: please link to a quote

On 2018-09-10 10:14:04 UTC, import script wrote:

scripted message: moving this point to Michiel

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

approved:

On 2020-05-08 01:19:19 UTC, MartinSof wrote:

I need to express profound gratitude to you. I have bookmark your site for future updates. codecademy



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

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: pending

Updated Status: approved

Version 2: 2018-09-10 13:27:12 UTC by michielbdejong

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

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: changes-requested

Updated Status: pending

Version 3: 2018-05-15 09:11:45 UTC by someone

Previous Title:

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

Previous Analysis:

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

Previous Status:

Updated Status: pending