X has updated its T&Cs and eagle-eyed users have spotted a now sweeping rights grab that means all content can be used for training AI models.
The new license includes the statement that users who post, submit, or display content on the social media platform now automatically grant the platform a “worldwide, non-exclusive, royalty-free license”.
The fallout is building though it will be interesting to see if the X exec climbs down like Adobe did after its updated terms of use caused a furor among users who were angry that their creations could be used to train AI.
What X AI Training Clause Mean for Users
The updated Terms of Service state that users now give X the right to use, copy, reproduce, process, adapt, modify, publish, transmit, display, upload, download, and distribute such Content in any and all media or distribution methods now known or later developed, for any purpose.”
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It also includes the right for X to sublicense content, which means it can offer it up to other parties.
But it is the mention of AI that is causing most concern and has been picked up by news sites. The terms now state: “You agree that this license includes the right for us to (i) analyze text and other information you provide and to otherwise provide, promote, and improve the Services, including, for example, for use with and training of our machine learning and artificial intelligence models”.
The sublicensing element means that AI developers could buy your content from X; and you’ll be completely unaware of who is using it and how.
No AI Opt Out Option for X Users
The updated terms will come into effect on November 15 and as part of the “legally binding contract governing” user’s use of the platform, there is no opting out.
X is not alone in mining user’s data. Meta is pushing ahead with its plans to use public content from UK-based adult users to train its models. This is despite concerns from the EU’s Information Commissioner’s Office (ICO) over privacy; and alarms from campaigners including the Open Rights Group (ORG) and None of Your Business (NOYB). There is, however, a privacy setting in Facebook to allow users to opt out.
X Keeping Users in the Dark
In August, NOYB accused X of “unlawfully using the personal data of more than 60 million users in the EU/EEA to train its AI technologies without their consent.” With these updated terms, users are giving consent, but for many, this will be unknowingly and without understanding of what this means for their content.
As Theodore McKenzie writes on 80.lv: “I don’t know if it’s just me, but it seems that every day there are fewer and fewer places on the internet where artists can share their creations without worrying that their work will be coldheartedly scraped and used to train all sorts of generative AI models.”
