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Right: you retain ownership, and grant X certain rights to the content. Whether those rights include training AI on the data is legally and morally in dispute. X claims that right in its ToS, but a ToS isn’t law and may be legally invalid, and besides that the ToS system is famously broken in the US. Morally, I think it’s pretty clear that reasonable users did consent to their content being published as a tweet, and did not consent to X recreating the content as their own and taking credit for it.
Clearly does not include a provision to utilize Content for purposes of training an AI model.
In fact, they didn't include any purpose for their own use of the data and following GDPR thus cannot use the data at all. They did include purposes for other companies (syndication, broadcast, etc) which also doesn't include training of AI.
“you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).“
Not sure how anyone could defend that an AI model is not covered by this idea - such a model is easily covered by “distribution methods”.
Nope, the GDPR separates the action you perform on data from the purpose of such action. You need to collect consent for a purpose. X didn't state a purpose for why they would do any of these actions. Thus under EU laws their data collection is likely unlawful.
Adding a new purpose requires additional consent at least in the EU.
IANAL disclaimer, but I believe social media companies very explicitly separate themselves from publishers for the purpose of not being responsible for what users post. They can't have it both ways.
Because he doesn’t own the tweets. Can you imagine if posting a photo you took to Twitter meant it’s not your photo anymore? Totally ridiculous.