Clarifications on ToS, Sketchup sharing our drawings/designs. "Data" is public or private?


#1

The Terms of Service are pretty much written in “Lawyer-speak” (legalese).
I would like to know if, when using the free version of Sketchup, our files are publicly shared by Sketchup (when we did not explicitely make them public). There are some mentions about sharing our personal data, in a general and vague sense, and no exclusions to our drawings are made in that legalese.

I’m an inventor on a budget, and it is extremely important that I not make my drawings publicly accessible, or that will jeopardize my right to get a patent on any designs I may make (making an invention or design public, speaking about it or showing it, invalidates any future patent rights).

Yes, I’ve read this: https://app.sketchup.com/tos.html And it really is vague on this topic.


#2

NOT if you only save them to your Trimble Connect account and / OR your local computer.

Do not save them to 3D Warehouse, that is a sharing repository.


SketchUp Free is for non-commercial use.

In my opinion, if your using it to model patentable designs, this is a commercial (professional) use.
You should upgrade to SketchUp Shop which has a license that allows commercial use.

Your on a budget ? Well a Shop license is only 9.99 a month. That’s under 2.50 a week, call it 33 cents a day.
If you allow 8 hours a day for modeling, … that works out to less than a nickel an hour.


#3

Alternatively you could upgrade to SketchUp Pro and have all files safely saved on your local drive or cloud service of your own choice.


#4

Thanks guys.
@DanRathbun my take on your legal opinion differs: I believe that it’s only commercial if you get revenue from it. Many patents, by individuals (independent inventors) never make it to market, if they are even granted. And not all patents are of commercial purpose; patent does not automatically imply “commercial”.
While you encouraging to get the commercial license at an affordable subscription cost is valid, not everyone has a steady source of income, so the free version can help those who really can’t afford it. But for sure, if I license my idea(s) I would definitely get a subscription - just as a thank you to the makers. If this still contravenes the ToS, there are many other tools out there that are free and which I can use instead. @DanRathbun please advise.

I am a little bit confused by the two differing answers though:
@DanRathbun suggests that it is possible to save locally with a free account, while @eneroth3 seems to indicate that saving locally requires Pro.
Which answer is correct?


#5

That is possible with all versions of sketchup…

But why would anyone patent an invention other than for commercial use??
The patent would cost you a lot of money, i suppose you want to earn that back once you have the patent…


#6

@tweenulzeven You want to turn this into a discussion on patents now?
There are many reasons. Sometimes it’s just to have a design in the coffers, block the competition from patenting it, place it in the public domain, etc etc.


#7

there is your revenue, so it is commercial use?


#8

This argument makes no sense, given …

https://www.invents.com/how-much-does-a-patent-cost/

The first step in the patent application process is to file a non provisional patent application, which involves paying attorney fees in the range of $5000 to $15,000 or more, depending on the intricacies of the invention.

The most expensive patents are international patents, which can run up to $100,000 or higher. Domestically the costs can be $10,000 or above.

The patent application filing fee for a basic utility patent is $330, which is in addition to a $540 utility patent search fee and a $220 examination fee, plus patent maintenance fees of $980 after three years.

So even if say, you are a lawyer and you’ll do all the search yourself, … just the application fees alone are 1090 dollars minimum.

If a person can afford these fees they surely can afford 10 dollars a month or a mere 120 dollars a year for a Shop license. If a person can afford tens of thousands of dollars in patent lawyer fees, they surely can find a mere 700 dollars for a Pro license.

You are free to think differently, but it isn’t what we “think” … it is what the Software License terms allow or prohibit, and is what you agree to by using the software.

Your “take” would allow governments to use the Software for free, … but the terms of the license specifically have a clause that negates this.

I hope that in the future, Trimble legal addresses this issue in the license terms so there is no need for debate.


#10

@MikeWayzovski I was giving EXAMPLES!!! NOT my situation! Just answering some know-it-all’s question!
So NO, it’s NOT for commercial use!!!


#11

If it actually is non-commercial use you could use SketchUp Make 2017.

I’m still a bit confused about patents being for non-commercial use though. Perhaps it could be true if a non-profit organization patents something and make it public domain to prevent a company from patenting it and gain exclusive rights. I’m neither a lawyer or patent engineer.

However, if the intention is to make money from the patent, either now or in the future, it is commercial work. Several users have excused using SketchUp Make with how they don’t make any money (yet) on their business, or not enough to pay the license. This use is against the license agreement.


#12

Me too.

I agree.