Meta May Use Sweeping New Commercial TOS to Avoid Millions In AI Licensing Fees

Meta is facing criticism over updated commercial terms taking effect October 30 that could give the company broad permission to scrape content from websites linked to business accounts and use it to train AI. Legal experts warn the changes could undermine lucrative AI licensing deals for news publishers, with no direct opt-out for businesses that accept the terms. Ars Technica reports: 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. "While journalism isn't the only industry that will be affected by this update, virtually every news organization has at least one Meta business account, including Nieman Lab," the lab said. [...] Notably, there is no mention of AI, but it's inferred from a single use of the word "train" and references to automated scraping and crawling. Meta's spokesperson told Nieman Lab that Meta has no plans to use the terms as a legal basis to ignore robots.txt instructions that block scraping on news sites. The company still allows news organizations to opt out of scraping and provides instructions on how to block crawling. A spokesperson told Ars that "there is no change to how Meta uses web crawlers; any suggestion to the contrary is false." However, should courts affirm that AI training non-news articles is fair use, news organizations question if Meta's stance might change, and the terms could be used to freely grab access to content by legally overriding robots.txt instructions.

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