While searching for a better Internet service provider (ISP), I have examined the terms and conditions offered by various ISPs in Hong Kong. The agreements are mostly standard, setting down fair and reasonable conditions of use. Hongkong Telecom's Netvigator agreement, however, contains a clause which should cause concern to any subscriber who uses the Internet for work. Clause 3.1.11 states: 'In relation to any content which is uploaded to Netvigator by the subscriber, the subscriber hereby grants to Hongkong Telecom an irrevocable perpetual licence to reproduce, publish, copy, transmit or otherwise exploit such content, without charge.' This is equivalent to saying that if one is to send any material by mail, the Post Office is automatically granted, in perpetuity, the right to use and exploit that material in whatever manner it wishes. In other words, if as a Netvigator subscriber I send by e-mail, or via Usenet or through a 'Chat Room', a copy of my work - which might be a novel, screenplay, story or film outline, logo, caption, slogan, or artistic, architectural, commercial or industrial design - then I automatically forfeit my ownership to the rights over that material because it was sent by Netvigator. Hongkong Telecom thereby entitles itself to exploit such material for commercial gain without obligation to compensate or acknowledge the owner. As a company the size of Hongkong Telecom surely has considerable legal expertise at its service, perhaps their lawyers would care to explain: (a) the extent to which they are aware that this is a breach of existing laws governing intellectual property rights; (b) what the intended purpose of the clause is, ie, which content Hongkong Telecom envisages exploiting; (c) why Netvigator subscribers should feel assured that this clause will not disadvantage them with respect to their work. DEREK HALL Central
