Can Google base ads on e-mails sent to Gmail accounts?

[ayanavish]

A new lawsuit targets Google for reading e-mails to target ads, according to TechCrunch. But the issue isn't that Google is reading e-mails from registered users; rather, the company is using e-mails sent from other services to Google users to target ads as well.

Google has gotten the side-eye a few times in the past for using e-mail content to serve context-based ads to its Gmail users. And for those Gmail users, Google's hide is covered: the terms of service explicitly state that users' e-mail content determines what ads they see.

Wayne Plimmer of British Columbia has filed a class-action lawsuit against Google for using his e-mails for ads. Plimmer is not a Gmail user, but his concern is that Google is reading and using his e-mails to serve ads to Gmail readers too. Being a non-Gmail user, he never agreed to the terms of service, so the legality of what Google is doing seems murky.

The lawsuit is on behalf of "all persons in the province of British Columbia who have sent e-mail to a Gmail account" and demands statutory damages for breach of copyright of ₨26,356.02 ($500) per e-mail that Google has used for ads. The lawsuit also seeks an injunction against Google's use of e-mails going forward. Google did not immediately respond to requests for comment.

Source: Can Google base ads on e-mails sent to Gmail accounts? | Ars Technica

 

[6pack]

But the issue isn't that Google is reading e-mails from registered users; rather, the company is using e-mails sent from other services to Google users to target ads as well.

what services? other email providers like live or yahoo?
that line does not explain anything imo.

 

[ayanavish]

^^ I think, the lawsuit filer trying to highlight that the receiver had subscribed to the service and the TOS of Google, the sender has not. Here other services refers to anything other than Gmail, which can be Yahoo, outlook, hotmail, office ID, etc.

As per Google's TOS: https://www.google.com/intl/en/policies/terms/

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

[whatsinaname]

I believe that legally even though the original sender has copyright, the recipient of an email legally owns a copy of the email. Because the recipient agreed to Google's terms, I don't see this case going too far.

If the court does grant this, it could cause problems where someone has forwarded emails or shown the email to other people?