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You accept these terms when you use their services.

I certainly didn't*. I'd love to see litigation testing just how solid those insidious opt-in-by-default schemes are as a basis for "ownership".

If they had users explicitly opt-in with a "Yes, go ahead and train on my stuff and by the way I assert that I have all the rights to grant you the same", I'd have no problem with that, and they'd have a much stronger claim.

(*Before others inevitably disagree: I do opt-out of this stuff aggressively, and further send notice to companies from time to time that I don't agree to certain objectionable clauses of their ToS and they're welcome to close my account).





> and further send notice to companies from time to time that I don't agree to certain objectionable clauses of their ToS and they're welcome to close my account

And then you stopped using their service right?


Sometimes, if they said tough luck.

Other times they turn a blind eye and choose to provide the service (and collect my money) despite the lack of agreement to some part of their standard terms and their tacit acknowledgement that I didn't accept them. On two occasions their legal team responded and said "that's fine", and once they actually fixed their ToS.

People who didn't grow up dealing with paper contracts where you could easily redline and send back for countersigning don't seem to understand that you don't just need to blindly say "yes" to everything a company tries to foist upon you.




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