On Wednesday, Mozilla introduced legal updates to users of Firefox, and something feels off. I read, and re-read the new Terms of Use and while much of it reads like standard boilerplate from any tech company, there’s a new section that is unexpected:
I’ve been following this story for the last couple of days, and I disagree. For one thing, most users don’t consider a web browser’s job to be “sending anything to someone’s service”; it’s local software that runs on your machine. There’s no reason for somebody else to gain a license to the things you create on your own computer just because you created it inside a specific piece of software, but these Firefox terms are written extremely broadly, such that Mozilla would have a license to use this post I’m writing right now if I happened to type it into Firefox (for reference, I did not).
Besides which, there is additional context here like the many changes made in this pull request (16018). This PR removes a whole bunch of language saying that Mozilla doesn’t sell your data, implying that they’re either about to start selling the data you put in via Firefox, or at the very least that they’re open to it. Here’s all the parts that were removed by the above-linked PR:
All of this taken together can really only mean that Firefox wants to sell the data you enter into your personal web browser running on your computer.
What happens when you type something in the address bar? The days where that just told the browser to go to a URL are long gone.
Certainly, but there’s a couple of problems with that line of thinking.
Firstly, “When you upload or input information through Firefox” is far more broad than covering the specific things you type into the address bar. That language covers pretty everything you can possibly do in a web browser. Every link you click, every social media post, every file upload is information input through Firefox. Certainly, you can argue that Firefox is being exceedingly broad just in case they expand the types of information they collect about you, but the terms as written now already give them license to everything.
Returning to the address bar, browsers traditionally send what you type into the address bar to a search engine, not to the author of the web browser (obviously discounting the situation where those are the same people, e.g. Microsoft with Edge & Bing and Alphabet with Chrome & Google). Mozilla doesn’t offer a search engine or any sort of live search facility. The things you type into the address bar are (optionally) sent to the search provider of your choosing, whether that’s Google, Bing, DuckDuckGo or Dogpile. What good reason is there for Mozilla to receive that information?
Legalese is always written broadly. As with absolutely everything that touches on IP the ones that yell the loudest are the ones that understand the subject the least.
The search bar doesn’t say that will happen, so what legal right does the makers of Firefox have to suddenly send what you type there to some other third party service? You know, that “input information through Firefox”.
That’s what the license covers. You giving them that right. You don’t need to agree with this, but that’s how it’s done - legally.
If we take the most charitable view of Mozilla possible, as you clearly do, then it can be argued that the license terms are very strictly aimed at allowing Firefox to do the things that a web browser does. If we like, we can then follow that up with a separate discussion: because it is so normal for license terms that sign away your private data to be extremely permissive in favor of the entity receiving the license, does that mean that it’s good and/or OK?
Next problem: Mozilla explicitly does not need a license to allow software running on my computer to do anything at all. At no point in the exchange is it necessary for the Mozilla Corporation to obtain a license to my data, because the Firefox browser is not the Mozilla Corporation. Put simply, the Mozilla Corporation is not running on my PC. Which leads me to:
You’ve made a category mistake here. The makers of Firefox are not sending anything anywhere. Firefox is. My address bar searches do not need to go via the Mozilla Corporation to get to their destination. This license agreement certainly opens up the possibility that they will go via Mozilla, since the new terms explicitly grant them that license, but that is strictly unnecessary for a web browser to function.
Nah, I don’t take a charitable view. I did work as a software engineer and open source advocate at Sony for many years and was involved in lots of discussions with the Legal department around open source licensing. I simply know a bit how this works from their point of view which is quite different from that of “us”.
I think you’re making the mistake of believing your viewpoint to be the only correct one.
Ditto.