Hoping to quell criticism, Meta has dropped the word “train” from its “streamlined” commercial terms of service that kick in on October 30.

Last week, Meta faced backlash after legal experts warned that the tech giant’s sweeping new commercial terms of service seemed to give Meta permission to endlessly scrape websites linked on business pages. Talking to Nieman Lab, experts suggested that Meta could possibly use the policy to avoid millions in licensing fees from news organizations by requiring all business users to share a wealth of AI training data simply for running a business page.

A Meta spokesperson confirmed that Meta did not alert users to the changed language following backlash. This potentially only adds to confusion ahead of the policy rollout. In response to backlash, Meta's spokesperson provided a statement to Ars, acknowledging Nieman Lab's initial report but not its follow-up report reiterating experts' concerns:

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In copyright lawsuits over AI training, Meta has spent weeks blaming staff for downloading torrents. The company has now been ordered to name executives who authorized decisions to pirate books from shadow libraries like Anna’s Archive and LibGen, TorrentFreak reported.

In a discovery order impacting a class action raised by book authors—including Richard Kadrey and Sarah Silverman—as well as a lawsuit from publisher Entrepreneur Media, Magistrate Judge Thomas Hixon largely agreed that Meta must clearly identify key decision-makers. Following testimony from Meta staff who downloaded torrents, the order could expose a wider range of supervisors, managers, and executives whom staffers said greenlit the piracy.

Meta had been hoping to avoid detailing the chain of command, particularly for leadership involved in early AI training. According to a Meta court filing, its initial efforts to compile massive AI datasets were managed through an “informal approach" where supposedly nobody with authority made any decisions. Instead, Meta insisted that a “decision” was “made only in the sense” that some staffers “technically” downloaded torrents.

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Legal experts are sounding alarms that Meta will soon update its commercial terms to require business accounts to allow Meta to train AI on their linked website content, not just their social media posts.

Kicking in on October 30, the TOS update won’t allow businesses to opt out, instead suggesting that businesses stop using Meta services if they won’t agree to let Meta bots freely crawl their linked content.

As Nieman Lab reported Thursday, this will affect all business accounts but is particularly shocking for news publishers who could perhaps charge Meta millions in licensing fees to continually access their articles for AI training. Currently news organizations are fighting a battle with OpenAI over whether such training without licensing is fair use, and Meta's terms seemingly risk granting it sweeping permissions, no matter which way the court leans.

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