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Google 3D Warehouse license terms - what are end user rights?

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matty_x
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Joined: 2008-06-16

We depend on Google's 3D Warehouse for a lot of our models, as I'm sure a number of the folks on this forum do. A concern that has arisen for us has to do with Google's terms of service (TOS) and the specifics of distributing derivative works. My question is whether we are able to distribute works derived from models downloaded from the 3D Warehouse.

In an earlier version of Google's ToS, it was very clear what an end user was allowed to do with the models:

Users have "[...] a worldwide, royalty-free, non-exclusive, perpetual
license to exercise the rights in the Content, as stated below:

1. to reproduce the Content;
2. to create and reproduce derivative works of the Content;
3. to display publicly and distribute copies of the Content;
4. to display publicly and distribute copies of derivative works of
the content."

However, the latest version of the ToS (http://sketchup.google.com/
intl/en/3dwh/tos.html) does not contain this clause and instead states
the following:

"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."

Adding to the confusion is the following clause
from Google's current Digital Millennium Copyright Act page (http://
www.google.com/3dwh_dmca.html) which states the following:

"If your concern is with a model you posted to 3D Warehouse, please
note that by submitting, posting or displaying Content through the 3D
Warehouse, you grant Google and its end users a worldwide, royalty-
free, non-exclusive, perpetual license to exercise the rights in the
Content, as stated below:

1. to reproduce the Content;
2. to create and reproduce derivative works of the Content;
3. to display publicly and distribute copies of the Content;
4. to display publicly and distribute copies of derivative works of
the content."

Does anybody have any insight?

Full disclosure: this is a cross post of the same question I put up at the Google Warehouse forums... but I haven't gotten much of a response. Here's the URL:
http://groups.google.com/group/google-mapmaker/browse_thread/thread/9154f331cfe14ccb?hl=en#