Click-Through Agreements: use of third-party applications by Engage

Timmo DugdaleAcademic Technology

Division of Information Technology

Statement of Problem

Use of third-party applications for instruction introduces a number of large concerns for the university, instructors and students

Interpreting legal issues is not easy

Most instructors are not lawyers

Justification of Use

Tools available on campus may not meet instructional need

Desire to use tools familiar to students

Desire to explore uses of new technologies

Issues to Consider

Liability

Intellectual property

Student privacy

Long-term exposure to data

Representation of self

Use case

Provide useful framework for exploring issues related to use of third-party apps

Commonly used third-party applications

Share the same basic use agreements

GoogleGoogleDocsDocs

BloggerBlogger YouTubeYouTube

Liability

Instructors using Google apps may not be represented by UW Madison legal counsel

Under TOS, challenges may end up in CA court using CA law

Users may be responsible for legal fees of Google and/or themselves

Intellectual Property

Users retain copyright of any materials uploaded or created in these tools

Users agree to give Google

“perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, publicly display, and distribute any content.”

Student Privacy

FERPA presents challenges when granting access to student work to those outside of class

Google Apps vary in their ability to control access

TIP: Instructors should educate students about format, purpose, legal considerations, and risks of use at the start of semester

Long-term Exposure

Questions remain about exposure to course work placed in Google apps -- even after it is “removed”

Uncertain of Google’s right to perpetual use and archiving practices

TIP: Use of pseudonyms may be helpful in reducing long-term risk

Representation

Many tools require users to represent their identity accurately

Google TOS allows for use of pseudonyms or taking on identity of another person (i.e. historical or literary identity)

Google does not allow “intent to mislead users”

suggestions

Define activity and workflow needs

Review available tools

Review contract details

Seek advice from UW Legal, if necessary

Assess legal considerations and risks

Communicate rationale to students up front

Next steps?