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Tumblr and Wordpress to Sell Users’ Data to Train AI Tools
(www.404media.co)
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this post was submitted on 27 Feb 2024
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Technology
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is there a way they could protect themselves ("still legally be able to function") without that clause?
You could ask a lawyer, I suppose. But the basic gist of this is "we don't know what we might need to do with this data in the future, so we put 'we can do anything with this data' into the ToS so that we know that if the need arises we won't find ourselves unable to do what we need to do with it." Any website that doesn't do this could find itself unable to implement new features or comply with new laws they didn't think of when crafting the original ToS.
At the very minimum a ToS needs to have some way to update and apply retroactively to old data, which ends up being "we can do anything with this data" with extra steps.
thanks for sharing this information with us, i think it's important to discuss this stuff on the fediverse
i notice that beehaw doesn't have a similar clause in its TOS, as far as i can tell. without the expectation of you answering this question, i'm wondering what the difference is between the two such that cohost has such a clause and beehaw doesn't. maybe it's because one is run by an individual and one is run by a small company?
i did a search on cohost itself to see if anyone else talked about this and found this quite extensive thread: https://twitter.com/rahaeli/status/1588769277053739010
so based on what you've said and what's in that thread, i'm gonna update my post with some qualifications about cohost. thanks for piqing my interest in the TOS
No problem. I'm not a lawyer myself, mind you, but I've encountered issues like these enough times over the years that I feel I've got a pretty good layman's grasp. Plus I've actually read some of these ToSes and considered them from the perspective of the company running the site, which I suspect most people arguing about this stuff haven't actually done.
I wish the Fediverse sites running without rigorous ToSes well, of course, but I suspect failing to establish clear rights to use the content people post on them is likely to end up biting them in the long run. At least the bigger ones. Hobby-level websites get away with a lot because they don't have significant money on the line.