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by withinboredom 932 days ago
They say expressly when it will be removed in the ToS, if it doesn't meet any of those conditions, then they, contractually, cannot delete it.

But saying that "because they can, they can" is silly. I "can" (as in able to) break into your house and steal your shit. By that logic, if I can do it, it wasn't trespassing or theft.
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jqpabc123 932 days ago
But saying that "because they can, they can" is silly.

They can because user's agreed to their terms of service --- and by so doing so, relinquished some of their ownership rights.

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withinboredom 932 days ago
Did you read them, because it very clearly states in the drive addendum that users DO NOT give up any ownership rights.
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jqpabc123 932 days ago
https://www.google.com/drive/terms-of-service/archived/

   The total liability of Google, and its suppliers and distributors, for any 
   claims under these terms, including for any implied warranties, is limited to 
   the amount you paid us to use the services (or, if the subject of the claim 
   is the free service, to supplying you the services again).
In other words, they can delete *your* data any time they want and claim it was an accident. If you don't like it, you can sue for your money back. If you're using the free tier, you can expect $0.
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withinboredom 932 days ago
You can't sign away your rights, no matter what a contract says, in some places, tort still applies.

Like I said, I'm not a lawyer, but just because there is a limit on liability, does not mean there is a limit on damages and tort.

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jqpabc123 932 days ago
a limit on liability, does not mean there is a limit on damages and tort.

This is exactly what Google intends it to mean. Good luck convincing a judge otherwise.

In some places, the fact there is no signed contract and no exchange took place (free tier) means there is no liability --- the user received everything they paid for.

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withinboredom 932 days ago
If I ask you to hold my phone and say “don’t blame me if it breaks” and we agree. Then you deliberately smash my phone, you caused me a damage and broke the terms of the contract. In this imaginary case, there was an implied agreement that you would hold the phone, but you didn’t. You smashed it. You aren’t protected from your liability agreement because it no longer applies.

This same thing applies here. Intellectual property has value. Google agreed to hold that value and not delete it. They stopped holding the property and smashed it. Their liability clause no longer works because they broke the contract. It doesn’t matter if money changed hands or not. Damage is damage.

I’m not a lawyer, I don’t know shit.

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