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Meta kept scraping rights in October 30th business terms, experts say

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Meta kept scraping rights in October 30th business terms, experts say

3 Key Points

  1. What happened

    Meta removed "train" from business terms effective October 30th after publisher backlash, but experts tell Nieman Lab the word "develop" still permits scraping entire sites.

  2. Why it matters

    The revised terms may let Meta argue its business contracts override site-level blocking signals, leaving publishers with little recourse, according to the experts.

  3. What to watch

    The updated terms take effect October 30th.

WHO IT HITSPublishers and news organizations that rely on site-level blocking instructions to keep their content out of AI training data are the most directly affected, since the revised terms may let Meta override those signals.

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Context & Analysis

Meta's revision followed fierce backlash from the publishing industry over terms that initially appeared to grant broad permission to use any content from business-associated websites. The original language, set to go into effect October 30th, stated Meta "may use any content" to "develop, research" and "train" its products, which legal experts told Nieman Lab could let Meta argue its commercial terms supersede other blocking instructions such as robots.txt.

After Meta removed the word "train," the remaining language still allows use of scraped content to develop any "business product." Matt Topic of Loevy & Loevy tells Nieman Lab that "develop" is broad enough to include "train," and that "business product" does not appear to be a defined term. James Grimmelmann of Cornell Law School adds that the terms do nothing to restrict the "associated with your products or services" language that would let Meta scrape entire sites.

Meta maintains the update is not about scraping news sites and does not give it new rights that supersede content owners' preferences. The episode highlights a gap between what publishers read as a concession and what the revised contract language may still permit, with the terms taking effect October 30th.

FAQ
What exactly did Meta change in its business terms?
Meta removed language saying it would "train" its products with scraped content from websites associated with a business account, after fierce backlash from the publishing industry.
Why do legal experts say the changes are insufficient?
Matt Topic of Loevy & Loevy says the revised terms still allow Meta to use scraped content to develop any "business product," and "develop" is broad enough to include "train."
What is Meta's response?
Meta spokesperson Daniel Roberts said content owners can use robots.txt to signal their preferences, and the update "is not about scraping news sites" and doesn't give Meta new rights that supersede those preferences.
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