The AUP prohibits infringement or misappropriation of intellectual property rights belonging to Databricks or third parties, and prohibits circumventing or disabling security features of the Databricks Services.
This analysis describes what Databricks's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes contractual prohibitions on IP infringement and security circumvention that interact with the Digital Millennium Copyright Act and applicable trade secret law, and creates grounds for service termination independent of any external legal proceedings.
The agreement requires users to respect intellectual property rights and prohibits disabling or circumventing platform security features, with violations constituting a breach of the AUP.
How other platforms handle this
You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior exp...
relate to transactions involving (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime... (i) involve offering or receiving payments for the purpose of bribery or corruption.
You must not, and must not allow others to: Facilitate illegal or harmful activity through the End User Services; Cause harm to us or others through the End User Services;
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"Infringe or misappropriate the intellectual property rights of Databricks or third parties; Circumvent, disable, or otherwise interfere with security-related features of the Databricks Services.— Excerpt from Databricks's Databricks AI Acceptable Use Policy
1. REGULATORY LANDSCAPE: The intellectual property prohibition engages with the Digital Millennium Copyright Act (DMCA), the Lanham Act for trademark, and applicable trade secret statutes. The security circumvention prohibition engages with the CFAA. The FTC and relevant intellectual property enforcement authorities are relevant. 2. GOVERNANCE EXPOSURE: Medium for customers who use Databricks to process third-party datasets, train models on licensed data, or develop applications that incorporate third-party software. Customers should confirm that data licensing agreements cover AI training use cases. 3. JURISDICTION FLAGS: EU customers should assess this provision in the context of the EU Copyright Directive's text and data mining provisions, which may affect the permissibility of using copyrighted works for AI training purposes. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether data licensing agreements for training datasets used on Databricks authorize the intended use cases. The provision holds customers responsible for IP compliance with respect to both Databricks IP and third-party IP. 5. COMPLIANCE CONSIDERATIONS: Legal teams should review data licensing and software licensing arrangements for any content processed or used on Databricks, with particular attention to AI training data licensing terms, which vary significantly across providers.
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This provision establishes contractual prohibitions on IP infringement and security circumvention that interact with the Digital Millennium Copyright Act and applicable trade secret law, and creates grounds for service termination independent of any external legal proceedings.
The agreement requires users to respect intellectual property rights and prohibits disabling or circumventing platform security features, with violations constituting a breach of the AUP.
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