21–30 of 84 posts
IANAL but this seems like a textbook example of the kinde of tos abuse that will not be enforcable. "If you click this checkbox you give us usage rights of your IP in perpetuity for free".
IANAL but this seems like a textbook example of the kinde of tos abuse that will not be enforcable. "If you click this checkbox you give us usage rights of your IP in perpetuity for free".
If you've ever been involved in ToS drafting, you're used to customers panicking over clauses that you and your attorneys crafted to deal with pretty standard business requirements, such as granting adaptation rights so you can create thumbnails or summaries of user-generated content, for example. This ... is not that. This is facially overbroad, lacks any kind of even indicative usage limitations, and likely breaks…
“Training” in these things comes across differently than it did two years ago (i.e., employee training)! And what is “modeling” supposed to mean? This actually reads much like the typical internet ToS of 20 years ago, before it became standard to say “only as needed to provide the specific services” because people started rightfully freaking out. Especially in the media world with its history of repeatedly bilking ar…
I wonder how much of the highlighted clause you hereby grant Spotify a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from (such as transcripts of User Content), distribute, and otherwise use any such User Content through any medium is actually necessary for the service t…
I attribute it to:
- our hilariously primitive and archaic "implementation" of "democracy" (which most formal/legal matters are invisibly downstream of)
- our hilariously primitive and non-self-aware culture(s), whose individual members tend to be more inclined to insist on maintaining the very status quo that they constantly complain about (and from which mostly everything else is downstream of)
- our hilariously primitive and archaic system of "journalism", which is supposed to, and proclaims itself to, expertly inform the public of important goings on
- the magnitude of the gap between the content and nature of reality vs what we believe/proclaim it to be
- some other things that I have surely missed, or am too lazy to generate by spending more time thinking
- some other things that
I wonder if any of these predictions are correct.
You definitively should do that, but I doubt that it will prevent your data from being trained on. It sucks, but that's the reality now. I stopped using Spotify a while ago. Never using it again for sure.
I'm waiting for these sorts of unilateral "we have updated our terms of service, by doing nothing, you agree to these new terms" contractual edicts get eliminated as a whole class of behavior. I'm not a lawyer so I'm not sure if it stops when enough of them get invalidated in court, or ifwhen the legislature steps in. It's insane that it's accepted as normal that someone can send you an email with notice of a contrac…
What happens if you try to challenge insanely overbroad terms in arbitration? Because you almost certainly signed away your right to sue. I'm not super-worked up about attorneys putting the most restrictive language that they can in a contract, knowing that in 'real' court a judge will simply throw a bunch of it out for being unconscionably one-sided. But if you never get a real court hearing, but instead are shunted into arbitration..... Do judges in arbitration even assess unconscionability?
This is tangential, but the author's audiobook "Savaged by Systemd" sounds hilariously bizarre: > The classic work of Linux satirical erotica, complete and unabridged, now a Tilted Windmill Press exclusive! > ... The latest trend Terry refuses? One adopted almost everywhere? Systemd, the replacement init. > So Systemd comes for Terry. > Wearing skin-tight leather pants.
"Accordingly, you hereby grant Spotify" what ever they want. Crazy.
In many countries, including the USA, if a business writes a contract containing something unreasonable, and the consumer signs it without reading or understanding it, then that clause (or maybe the whole contract) is invalid.
IANAL but this seems like a textbook example of the kinde of tos abuse that will not be enforcable. "If you click this checkbox you give us usage rights of your IP in perpetuity for free".
You definitively should do that, but I doubt that it will prevent your data from being trained on. It sucks, but that's the reality now. I stopped using Spotify a while ago. Never using it again for sure.
> non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials...
I don't know how much of it is enforceable in court, but I wouldn't want to take that risk if I hosted anything as an indie.