'This should be illegal': WeTransfer update T&C to say they now own everything you transfer forever – We Got This Covered
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‘This should be illegal’: WeTransfer update T&C to say they now own everything you transfer forever

"A perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use your Content."

Sending large files across the internet is a pain, but for a long time, the best option of a bad bunch has been WeTransfer. In exchange for sending large files, you get a bit of advertising, but it’s remarkably hassle-free compared to the alternatives.

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Well, the WeTransfer party may have just ended. As spotted by @mattlieb, the company has apparently updated their terms and conditions to include a shocking new clause saying that using their services now means they own your stuff:

Specifically, when it comes to intellectual property rights (i.e. if you transfer a song you’ve made, a movie you’ve created, or a book you’ve written, etc) you have now automatically granted WeTransfer “a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use your Content”.

Or, to break it down, WeTransfer can use your content forever, they don’t have to pay you, they can permit others to use your content, and can modify, distribute, or display your content in any way they want. In short, you have just given WeTransfer broad permission to use your content anywhere, anytime, for free. They go on to underline that “you will not be entitled to compensation” if you didn’t already get the message.

Can they enforce it?

Interestingly, this clause is so insane it’s straight-up illegal in the European Union, with GDPR meaning it’s not in their version of the T&C. Users are outraged, saying “this should be illegal”, that this document is “insane” and that the company are “filthy scoundrels”. It’s also pointed out that all this is likely to let WeTransfer use your data to train AI, meaning any artists who use the service are helping put themselves out of a job.

As always, the big question when it comes to draconian and controlling T&Cs like these is whether they’d actually stand up in court. A core legal principle is whether the user is aware of what they contain, with WeTransfer simply asking users to click an “I agree” button while hiding the actual text of the T&C behind a link.

Coming out on top in a legal battle against WeTransfer would probably be contingent on what state you brought the case in and the individual judge’s opinion. But, frankly, I don’t like the chances of rolling those dice, and from now on I’ll be looking elsewhere for my file transfer needs!


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David James
I'm a writer/editor who's been at the site since 2015. I cover politics, weird history, video games and... well, anything really. Keep it breezy, keep it light, keep it straightforward.