IP concerns: New Policy Update.

[gearloose]

RE:

15.5 License Grant from You to PayPal; IP Warranties.  Subject to section 15.6, when providing PayPal with content or posting content using PayPal Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against PayPal, its sublicensees or its assignees.  You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to PayPal, your posting of content using the PayPal Services, and PayPal’s use of such content (including of works derived from it) in connection with the PayPal Services.”

About twice a year, I have to defend my Intellectual Property from infringers and counterfeiters. I am legally obligated to do so.  You know that.

I am sorry, but I do not have the authority to revoke Title 17 USC, nor can I revoke my right to due process.

This reminds me of Google saying, "Forget everything we said. Everything you type is now cross-platform", or Facebook saying, "Forget everything we said: If we want to use your wedding photos in feminine hygine commercials, we can".

I demand a fuller explanation of this amendment. The use of my Marks and Copyrighted material for uncompensated commercial gain MUST be pursued.  You know that.

Until you have paid Washington bribes to the extent Google and Facebook have, I do not see how you think you will not get hit for this, and Class Action status for someone with Paypal's deep pockets is nearly a given.

I reject the terms of 15.5.

Now.  Do I close the account May 15? Is that what you want?

Explain yourselves.

[snowshoe]

As this is a member to member help community group supported mostly by volunteers (many of us are online business owners who have years of experience using PayPal), no one here can speak for policies.  We can assist with many issues however, questions such as yours cannot be resolved here.

There are other options to try for official responses.

You can reach out to PayPal through Twitter @AskPayPal or via Private Message on their Facebook page at https://www.facebook.com/PayPalUS

[gearloose]

Thank you for your response. Facebook is out because of their IP policies, but I will try Email followed by Certified.

By many accounts, verbal conversations about matters like these are not usually successful.

I genuinely regret the situation, because Paypal has been an important business service for us.

For readers curious about what the fuss is about:

Things like Intellectual Property (Patents, Trademarks, Trade Secrets, and Copyrighted material and Work Product) are COMPANY ASSETS and PROPERTY.  If a company is sold, along with Good Faith, they are actual assetts and part of the sale.

For a party to demand uncompensated perpetual unrestriced use of these properties is identical to them demanding the use of your company truck or your coffee room, etc. whenever they want, forever.

Unlike your company truck, which you can lock up in a garage or equip with alarms, however, IP requires active defense, or you lose its value.

I cannot sign away my rights to that.  It's absurd. 

I have applied to a CC processer today. The Nuclear Option is to fire Paypal. 

Too bad. According to the 1099, they are going to miss it.

[gearloose]

OK, I think I have a workaround that will allow me to keep the account.

1: Install third party shopping cart.

2: Remove all Paypal graphics, buttons, and links. Wipe Paypal shopping cart. Delete all buttons, etc on Paypal.

3: Manually Send a Paypal invoice from Paypal's site

OR use my new CC processer, giving customers the option.

4; Deny all IP connections or links from or to Paypal.

That will take care of this part:

Subject to section 15.6, when providing PayPal with content or posting content using PayPal Services,

I just will not provide them with content, nor include or link to theirs. Easy solution to a Gordian Knot.

[gearloose · Accepted solution]

UPDATE:

 Customer service threw up their hands on the issue and gave me their Legal Department's address. So I mailed them.

But I do not think it all matters much any more because this event finally motivated me to do something I have been meaning to get to for years, and there will be a happy outcome regardless. 

I hired a Web Devlopment firm to create a new store, and my Credit Card Gateway is all approved and set up.

So, Paypal can continue to get a piece of the action here, or not.

I don't care.  It's their loss. I no longer need them.

In every cloud, there's a silver lining.

Thanks, Paypal, for the motivation for self-improvement!

I think the part that makes it all funny now is that the email announcing the new Update to terms said, "We know you hate reading these, but..."

It should be amended to read, "We pray you do not.  It worked for Facebook!"