Rights granted to other end users of the Services. You give other end users of the Services a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Existing Geolocated Models, Existing Non-Geolocated Models, New Models and related content and derivative works thereof which you submit, post or display on or through, the Services.
This 0.o
I guess it all depends if the TOS will hold up in court or not (EU court or Greece). Judging by this anyone can just make an random google account and let himself rip upon the thousands and thousands of models. This wrong. An uploader should have the option to opt out of this.
What was the ToS at the time of the upload (early 2010)?
Edit: http://web.archive.org/web/20100209005848/http://sketchup.google.com/intl/en/3dwh/tos.html
At the time of Upload:
***8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf).With the exception of Content generated by you, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. For the avoidance of doubt, you may modify, distribute, and create derivative works of Content uploaded by other users in 3D Warehouse.
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content or derivative works thereof which you submit, post or display on or through, the Services.
This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.***
Depending on when the TOS decided to strip you off your rights, it might be deemed invalid, as such a radical change would for sure require the user to agree and click through it (If I recall it was only the lasts year or so that did that)
The newer TOS/EULA can also could be deemed invalid in court as it could be argued that it was a forced change. E.G. If you want to continue using the service you must accept our new TOS, failure to that will unable the use of a service, so if you haven't backed up your model you would loose it?
However this aint the only way the TOS could be deemed invalid, and presidencies do exist.
If I would successfully sue the infringing company, [theoretical speculation] would they then able to sue Google for damages if Google's TOS was deemed invalid?
