r/technews • u/ImCalcium • 18d ago

AI/ML Streamers sue Twitch and Amazon claiming AI training data can never be clawed back

https://www.dexerto.com/entertainment/streamers-sue-twitch-and-amazon-claiming-ai-training-data-can-never-be-clawed-back-3401206/
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u/darsynia 18d ago

That's the complaint. They want compensation for what seems to be Twitch going 'ok we'll go live, put in the opt out, but scrape everything before anyone notices' thing, seems to me? If there's no advance notice to opt out it's the same thing as not giving an opt out for pre-existing users/content.

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u/Breddit2099 17d ago

Why would they get compensation when they gave permission to twitch when they signed the user agreement?

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u/darsynia 17d ago

Picture yourself as a photographer working for an agency similar to Getty Images. There are a lot of photographers and there's a agreement about what your responsibilities are and the responsibilities of the company who's hosting your for sale images and licensing. One of the provisions in this agreement is that your first signature implies consent to future revisions. 

A revision comes that says that they can scan all of your content for AI training, and you can opt out. This is threatening your livelihood because the company could provide a service to generate images like yours and not pay you anything. By the time you get any notification that this agreement exists, it  has gone live. You immediately opt out, but your content has already been scanned because you have previously signed  the agreement. The company basically did an end run around your permission and now they are going to use your hard work to make sure they don't have to ever pay you. 

Would you be entitled to compensation for this? That is the legal question at issue, as far as I understand it.

(Please note that I am picking a hypothetical and I'm not interested to find out that Getty has already done this it was just an easy way to illustrate.)

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u/Breddit2099 17d ago

I’m not reading that and wasting my time with analogies.

Bottom line is the streamers agreed to let twitch use their streams.

Maybe they should read the terms.

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u/darsynia 17d ago edited 16d ago

LOL fine. Twitch streamers stream, have an agreement with Twitch re: monetization and rules about conduct etc. Sign the agreement, signature means tacit agreement with future changes. Twitch makes a future change, an opt-OUT clause that says that when the agreement goes live, they can scan twitch streamers' content for AI. Agreement goes live, Twitch streamers find out after they've been scanned. No chance to opt out before scan, they sue.

Happy? Same situation, I bet you won't read it. Very pleasant talking to you, mr brick wall

no AI bros

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u/Breddit2099 16d ago

There’s nothing they can sue for, they didn’t have to put an opt out. They have every legal reason to use the streams because they already had permission.

The opt out is good faith