June 5th New Proposed TOS

Ok, I've read through it a couple times now and these are my observations thus far. 

New Section 6.x's:

6.1 Regarding the CafePress.com Web site: CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any right, title or interest therein, under this Agreement or otherwise.

Things I like: The fact that they specify that they are only claiming rights to their own site, logos, names, and related. This clarification helps I think. I don't really have any argument with this section as it stands.

6.2 Regarding Shopowner Content uploaded to CafePress.com for sale: Shopowner retains all rights to the Shopowner Content uploaded to the CafePress.com Media Basket. You hereby grant to CafePress.com a royalty-free, worldwide, nonexclusive, right and license to use Shopowner Content in connection with the advertising, promotion, production and sale of the products and services you choose to sell in accordance with this Agreement. If you or CafePress.com terminate your account, CafePress.com will cease its use of the Shopowner Content within 90 days of the termination.

Things I like: The fact that it clearly states the Shopowner keeps their rights. That's good. I further understand the need to have permission to print the images on the items you offer for sale because that's the whole point.

Things I DON'T like: The fact that they still are going to use your items without credit for their own advertising and marketing. While they do not claim they will represent themselves as the owners of the images they use, they do not claim they won't let it be assumed. It's misleading to display products for sale with images on them, that contain no copyright notice of who owns the image. The image creator does not get any benefit from the usage of their item and has no control over it's usage. When you go to the main page of Cafepress.com, there are products with images on them. Nowhere does it say who made those images (let alone give links to get the items which would be nice). Someone going to the site could very easily assume the images are simply mock-ups and images created by Cafepress.com's marketing/art department. I feel that Cafepress.com is still not doing enough to ensure and preserve the rights of the image creator. 

At the very least, it should be optional if they will not provide a copyright notice on images used. If they will not put copyright/trademark notices in the advertisement/marketing which include Shopowner images, I as a Shopowner should be able to opt-out from them using my images for anything other then the printing items as ordered through the shop. Remember, the purpose of a shop is not to give Cafepress.com advertising material, but to sell your own products. They are providing a service they are paid for and they should not be allowed to re-use your images as they deem.

6.3 Regarding Content Submitted to the CafePress.com Message Boards: You grant CafePress.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any content you post/upload/contribute to the CafePress.com message boards, for the purposes of displaying such information on CafePress.com and for the promotion and marketing of the CafePress.com services. However, CafePress.com will not resell, attempt to resell, or otherwise convey these rights to any third party.

This one really potentially worries me.

Things I DON'T like: The word "modify." Maybe I just assume the worst from people, but this means you could put a post up and they could completely change it - and then use that altered message - to promote themselves. They could totally alter what you meant/said/intended and represent it as valid. They don't need to give it to a third party to make use of it (in advertising or customer satisfaction quotes for example).

ex: "I hate Cafepress.com. They suck but their shirts were nice." could be changed to: "I love Cafepress.com. They rule and their shirts are nice." What you say would become subject to any modification they wished. It would make people not want to discuss anything on the message boards and would additionally remove any credibility from the materials on the message board.

Additionally, this worries me for someone who posts an image they made for preview and suggestions by other members. Does this mean that Cafepress.com could then alter it and use it as their own?

ex: John Doe uploads a picture he made and asks for opinions. It's now been posted to the message board, so Cafepress.com would be within their rights (per this section of the TOS) to take that image, modify or alter it in any way they wished, and sell it themselves as a product.

To be honest, I can not truly fathom why they would want this right. The others I can at least see from a business standpoint, but this one does not seem to make a lot of sense. There is far too much control granted through this subsection then seems appropriate for a message board. It makes me question ulterior motives and the validity of anything posted on their message board.

6.4 Regarding Product Thumbnails and Other Artwork Generated by the CafePress.com Service: You may only use images and artwork created through the CafePress.com Service in your Shop or to promote your Shop or the CafePress.com Service. Any other use of such images and artwork is strictly prohibited unless prior written permission is obtained from CafePress.com.

Things I like: This I can understand as well. It is not unreasonable that a Shopowner should not take a product image of a Cafepress.com item and use it to promote a competitor's site. The images that the Cafepress.com site create should remain theirs. 

Things I DON'T like: I would like to see it perhaps the word "through" changed as it leaves room for interpretation (perhaps the word "by" would be better), but it's at least rather straight-forward.