Users already relinquished their copyright rights when they signed the ToS.
Comment on Elon Musk’s X can’t invent its own copyright law, judge says
Hirom@beehaw.org 6 months ago
What about users’ copyright? Would Bright Data have to obtain permission from every user to scrap data in order to follow copyright law?
I guess this wasn’t a question raised during this lawsuit.
sabreW4K3@lazysoci.al 6 months ago
TehPers@beehaw.org 6 months ago
Do they give up the copyright, or license it to the website? They still created the content, and I don’t have a Twitter account, but after briefly reading the ToS, it says they license it to Twitter (which is pretty standard from the other services I use that I’ve read the ToS for).
sabreW4K3@lazysoci.al 6 months ago
Yep, you’re right. I oversimplified it.
Hirom@beehaw.org 6 months ago
The same ToS which the judge says X cannot enforce because it conflicts copyright law.
sabreW4K3@lazysoci.al 6 months ago
The copyright law says that Musk cannot claim copyright while also claiming not to be accountable. That has nothing to do with users waiving their copyright, which has been the standard practice for all forum software since practically forever. It’s why prior to GDPR, their was nothing to motivate websites from deleting your posts and even that isn’t about copyright, it’s about privacy.
jarfil@beehaw.org 6 months ago
Copyright can only be waived in the US by dedicating the work to the Public Domain. In most other countries, it can only be assigned or licensed to someone.
The “standard practice in all forum software since practically forever”, has been to include a very broad use license on the work, without switching the copyright holder, in order to potect the forum owner from liability.
The GDPR is about a very broad take on “privacy”, where the rights of “access, modification, and removal” get extended to any “personal information”, no matter whether it’s “personally identifiable” or not.
TehPers@beehaw.org 6 months ago
This is a guess since I’m not a lawyer, but since users license their content to Twitter when posting it, Bright Data might have to prove fair use. I don’t think that question has been answered yet in relation to AI model training, but search engines have been doing this for decades for what it’s worth, so I don’t know.
jarfil@beehaw.org 6 months ago
This seems to have been addressed by the judge: