It's not "if you don't like it, don't use it." It's, "how do we, the presumably more savvy, help prevent abusive ToS where naive 'click through' users are taken by surprise when Pinterest begins selling the users' things?" How do we keep our collective marketplace safe so visitors will feel good about strolling by?
It's easy to let the user own their own things. Even free site Tumblr does this:
First, "Subscriber shall own all Subscriber Content that Subscriber contributes to the Site," which clarifies the user, not Tumblr, owns it.
Second, the user "grants ... license ... to use, copy, cache, publish, display, distribute," which lets Tumblr host it on their web and caching servers, "modify, create derivative works and store such Subscriber Content", which lets them make thumbnails and posts out of it, "and to allow others to do so ('Content License')", which lets them use a CDN, "in order to provide the Services."
The key is "in order to provide the Services." Outside of providing Tumblr, you own your stuff, and they can't do anything else with it.
Tumblr's in New York and has great lawyers. Pinterest should be publicly shamed for burying their non-standard claim of the right to sell your creative works in the middle of a ToS.
It's easy to let the user own their own things. Even free site Tumblr does this:
First, "Subscriber shall own all Subscriber Content that Subscriber contributes to the Site," which clarifies the user, not Tumblr, owns it.
Second, the user "grants ... license ... to use, copy, cache, publish, display, distribute," which lets Tumblr host it on their web and caching servers, "modify, create derivative works and store such Subscriber Content", which lets them make thumbnails and posts out of it, "and to allow others to do so ('Content License')", which lets them use a CDN, "in order to provide the Services."
The key is "in order to provide the Services." Outside of providing Tumblr, you own your stuff, and they can't do anything else with it.
Tumblr's in New York and has great lawyers. Pinterest should be publicly shamed for burying their non-standard claim of the right to sell your creative works in the middle of a ToS.