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by Terr_ 519 days ago
If that's contractually-enforceable in their terms-of-service... then I have my own terms-of-service proposal that I've been kicking around here for several weeks, a kind of GPL-inspired poison-pill:

> If the Visitor uses copyrighted material from this site (Hereafter: Site-Content) to train a Generative AI System, in consideration the Visitor grants the Site Owner an irrevocable, royalty-free, worldwide license to use and re-license any output or derivative works created from that trained Generative AI System. (Hereafter: Generated Content.)

> If the Visitor re-trains their Generative AI System to remove use of the Site-Content, the Visitor is responsible for notifying the Site Owner of which Generated Content is no longer subject to the above consideration. The Visitor shall indemnify the Site-Owner for any usage or re-licensing of Generated Content that occurs prior to the Site-Owner receiving adequate notice.

_________

IANAL, but in short: "If you exploit my work to generate stuff, then I get to use or give-away what you made too. If you later stop exploiting my work and forget to tell me, then that's your problem."

Yes, we haven't managed to eradicate a two-tiered justice system where the wealthy and powerful get to break the rules... But still, it would be cool to develop some IP-lawyer-vetted approach like this for anyone to use, some boilerplate ToS and agree-button implementation guidelines.

1 comments

I still dont think this has legs, precisely because of this case.

They accessed the material through piracy. They never accepted a TOS. They will probably get away with acquiring the material however they liked because of fair use.

The technicality is that they redistributed the material because of seeding, which is a no no.

That said, you might find inspiration in Midjourneys TOS. Anyone paying less than a Business plan agrees that anyone else on the platform can sample your output and your prompt.

While this won't work too well when the access is indirect via a piracy or a "rogue contractor", it can be applicable to the web-crawlers the companies are directly running.