Will Critchlow: Founder of Distilled, fan of whisky, basketball and food (in almost any order), husband, father. These are my personal thoughts and not necessarily the views of Distilled (or anyone else).
You can find me on Twitter @willcritchlow or my company blog.
I hate the complexity of copyright law. As someone who runs a business operating in the US and the UK, I particularly hate the international differences.
you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cold Brew Labs the rights in such Member Content, as contemplated under these Terms
These “rights in such Member Content” include (emphasis mine):
to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content
Meanwhile, the about page says (again, emphasis mine):
Pinterest lets you organize and share all the beautiful things you find on the web.
Seriously Pinterest? Your marketing copy encourages me to pin “all the beautiful things [I] find on the web” while your terms of service have me warrant that I either own the images I’m pinning or I have a license to grant you the rights to license or sell those images?
I’m not a lawyer, so I may have missed something here (and I’d love to be corrected by a lawyer who knows the area as I love the beauty of Pinterest). I understand why the DMCA means that Pinterest has to push the onus of non-infringement onto their users, but I don’t see any good reason for it being OK to have such a gap between the ToS and the marketing copy.
Side-note - if you remove the granting of a license to sell all pinned images, I’m strongly in favour of copyright law working in a way whereby this kind of curation and evangelism is indisputably legal but I don’t know what kind of changes that would require to IP law.