“The acquisition by Qualcomm does not change the way we manage user data or our commitment to open-source principles,” states the Arduino blog.
The blog from Arduino did not address the updated terms regarding patents, which assert:
User agrees to use the Site and the Platform in compliance with these Terms and solely for the correct use of the Services. In particular, User promises not to: … “utilize the Platform, Site, or Services to identify or provide proof supporting any potential patent infringement claims against Arduino, its Affiliates, or any suppliers and/or customers, direct or indirect, of Arduino or its Affiliates.
“No open-source organization includes clauses in their Terms of Service that prevent users from identifying possible patent concerns. What prompted this addition, and who asked for it?” Fried and Torrone expressed.
Arduino’s recent terms feature comparable wording about user-generated content that has been included in its ToS for years. The existing terms stipulate that users give Arduino the:
non-exclusive, royalty-free, transferable, sub-licensable, perpetual, irrevocable, to the fullest extent permitted by applicable law … right to utilize the Content published and/or updated on the Platform, as well as to distribute, reproduce, modify, adapt, translate, publish and publicly display all materials, including software, libraries, text content, images, videos, comments, text, audio, software, libraries, or other data (collectively, “Content”) that the User publishes, uploads, or otherwise provides to Arduino globally through any means and for any purpose, encompassing the use of any username or nickname related to the Content.
“The new phrasing is still extensive enough to repurpose, monetize, and funnel user content into any upcoming Qualcomm pipeline indefinitely,” Torrone told Ars. He believes Arduino’s revised terms should have clarified Arduino’s intentions, narrowed the scope of the terms, or detailed “why this needs to be irrevocable and transferable at a corporate level.”
In its blog, Arduino mentioned that the new ToS “clarifies that the content you opt to publish on the Arduino platform remains yours and can be employed to facilitate features you’ve requested, such as cloud services and collaborative tools.”
As Qualcomm advances toward finalizing its acquisition of Arduino, it seems there is still considerable work ahead for the smartphone processor and modem provider to assure makers that Arduino’s open-source and privacy standards will be maintained. While the Arduino IDE and its source code will remain on GitHub under the AGPL-3.0 Open-Source License, some users continue to express concerns about the future of Arduino with Qualcomm.
