I don't think tsegart is quite right on this one. Anytime you "express" words on a page, those words are copyrighted. Expressions are distinguished from more functional/factual considerations like labels, page numbers, math equations, etc.. So, my guess is that terms of service would likely be considered a copyrightable expression, just like software code, novels, and company manuals, because they are a manifestation of a lawyer's expression.
Assuming you copied Google or Facebook's terms of service without their permission, you would be in technical violation of their copyright. What they would sue for is less clear - unlike copying music, a textbook, or someone else's code, you're not really harming Google or Facebook's revenue through your copying like you would if you copied a competitor's design. In the extremely rare .00001% chance that Google's legal team decided to sue you, you're probably looking at a court-ordered takedown notice.
However, this discussion is largely academic. No one is probably going to sue you when you're bootstrapping and you can hire a real lawyer to change your ToS later. There's a good discussion of this on metafilter:
Comments
I don't think tsegart is quite right on this one. Anytime you "express" words on a page, those words are copyrighted. Expressions are distinguished from more functional/factual considerations like labels, page numbers, math equations, etc.. So, my guess is that terms of service would likely be considered a copyrightable expression, just like software code, novels, and company manuals, because they are a manifestation of a lawyer's expression.
Assuming you copied Google or Facebook's terms of service without their permission, you would be in technical violation of their copyright. What they would sue for is less clear - unlike copying music, a textbook, or someone else's code, you're not really harming Google or Facebook's revenue through your copying like you would if you copied a competitor's design. In the extremely rare .00001% chance that Google's legal team decided to sue you, you're probably looking at a court-ordered takedown notice.
However, this discussion is largely academic. No one is probably going to sue you when you're bootstrapping and you can hire a real lawyer to change your ToS later. There's a good discussion of this on metafilter:
http://ask.metafilter.com/74055/Can-one-copyright-a-legal-ag...
Disclaimer: This is not legal advice, just my personal opinion. If you want to rely on someone's advice, hire a lawyer.