Click-Through Agreements: use of third-party applications by Engage Timmo Dugdale Academic...
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Transcript of Click-Through Agreements: use of third-party applications by Engage Timmo Dugdale Academic...
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?