4 ms·

1) You misunderstood. The relevant part is "technical, diagnostic, usage and related information". Note it doesn't say 'video' anywhere there, and even it did i

by Stevvo 5y ago

1) You misunderstood. The relevant part is "technical, diagnostic, usage and related information". Note it doesn't say 'video' anywhere there, and even it did it wouldn't hold up court.

red_throwaway 5y ago
But that sentence continues with > including but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals Should I be reading the "content" part as "information about your content" ? As in, metadata about the content? Lens focal lengths, recording quality, codecs, etc? That would make more sense.
- thfuran 5y ago
  That's the correct reading but I'm not sure just how much leeway "including but not limited to" tends to get. Does that, in practice, mean "things like the following" or does it mean "literally anything"?
  - fjfbsufhdvfy 5y ago
    It refers to the previous section of the same sentence, these things are given as examples of "technical, diagnostic, usage and related information". It'd be up to a court to decide whether something not part of the examples could be reasonably called that.
  - Jiro 5y ago
    It means "things like the following". https://applawyers.org/blog/10317283 https://applawyers.org/blog/10317283
- fjfbsufhdvfy 5y ago
  "usage" and "content" are part of a list following "information about", so they are collecting information about content, not content itself. What exactly that means in practice, we are all just guessing unless you go and ask them to clarify. Probably things like what settings you used for your videos so they can analyze which features are most popular/worth improving. At least in the EU, if this EULA was not clearly accessible/communicated on the store page before purchase, it would just be invalid, and you'd have a case that the product doesn't work. They're banking on people having more important things to do and just clicking accept to use their product...
  - Aaargh20318 5y ago
    > "usage" and "content" are part of a list following "information about" Sure, but that is preceded by “including but not limited to”, so that is a non-exhaustive list of examples.
mhitza 5y ago
> but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals. Content might be anything stored on the camera in this case. I'm also glossing over the followup clause that states they are in their full right to remove in a future update features you already have.
- cestith 5y ago
  Information about content is not the content itself. It's metadata as opposed to user data. I'd be more concerned about the "not limited to" part than the "information about ..." followed by a long list of things they can get information about part. But I think, in my lay (non-lawyer) reading of that that they've set the spirit of the agreement. They don't want to miss some little detail in their list, but they're setting an expectation that their telemetry (if any) and their support department in case the owner asks for support can access metadata.
  - mytailorisrich 5y ago
    Yes, usually this turn of phrase is basically giving examples of what they mean while making sure it is clear that this is not the full, exhaustive list, if only just to be covered in case they decide to collect further diagnostic data down the road.

by Stevvo 5y ago

1) You misunderstood. The relevant part is "technical, diagnostic, usage and related information". Note it doesn't say 'video' anywhere there, and even it did it wouldn't hold up court.

red_throwaway 5y ago

But that sentence continues with > including but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals Should I be reading the "content" part as "information about your content" ? As in, metadata about the content? Lens focal lengths, recording quality, codecs, etc? That would make more sense.

thfuran 5y ago
That's the correct reading but I'm not sure just how much leeway "including but not limited to" tends to get. Does that, in practice, mean "things like the following" or does it mean "literally anything"?
- fjfbsufhdvfy 5y ago
  It refers to the previous section of the same sentence, these things are given as examples of "technical, diagnostic, usage and related information". It'd be up to a court to decide whether something not part of the examples could be reasonably called that.
- Jiro 5y ago
  It means "things like the following". https://applawyers.org/blog/10317283 https://applawyers.org/blog/10317283
fjfbsufhdvfy 5y ago
"usage" and "content" are part of a list following "information about", so they are collecting information about content, not content itself. What exactly that means in practice, we are all just guessing unless you go and ask them to clarify. Probably things like what settings you used for your videos so they can analyze which features are most popular/worth improving. At least in the EU, if this EULA was not clearly accessible/communicated on the store page before purchase, it would just be invalid, and you'd have a case that the product doesn't work. They're banking on people having more important things to do and just clicking accept to use their product...
- Aaargh20318 5y ago
  > "usage" and "content" are part of a list following "information about" Sure, but that is preceded by “including but not limited to”, so that is a non-exhaustive list of examples.

mhitza 5y ago

> but not limited to information about your RED Camera, Camera Module, computer, system and application software, usage, content, and peripherals. Content might be anything stored on the camera in this case. I'm also glossing over the followup clause that states they are in their full right to remove in a future update features you already have.

cestith 5y ago
Information about content is not the content itself. It's metadata as opposed to user data. I'd be more concerned about the "not limited to" part than the "information about ..." followed by a long list of things they can get information about part. But I think, in my lay (non-lawyer) reading of that that they've set the spirit of the agreement. They don't want to miss some little detail in their list, but they're setting an expectation that their telemetry (if any) and their support department in case the owner asks for support can access metadata.
- mytailorisrich 5y ago
  Yes, usually this turn of phrase is basically giving examples of what they mean while making sure it is clear that this is not the full, exhaustive list, if only just to be covered in case they decide to collect further diagnostic data down the road.