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Meta TOS: No Opt-Out for AI Scraping by October 30

Meta TOS: No Opt-Out for AI Scraping by October 30

3 Key Points

  1. What happened

    Meta's updated commercial terms, effective October 30, authorize automated scrapers, bots and "test credentials" to crawl domains linked to business accounts and use that content to "train" Meta products. Businesses cannot opt out.

  2. Why it matters

    Legal experts warn this could let Meta scrape news sites and train AI on their articles without paying licensing fees that could total many millions of dollars, and possibly deploy that content in competition with publishers themselves.

WHO IT HITSNews publishers and any business with a linked website on Meta platforms face losing control over their content for AI training, with no opt-out and potential loss of licensing revenue.

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Context & Analysis

Meta announced the update in a blog, calling it a "streamlining" of commercial terms. A spokesperson said crawling language was previously scattered across different terms, including those about using generative AI in ads, and this update consolidates them. However, Ars compared the current terms and found the new language is fresh and grants broader provisions than before.

The only previous mention of crawling or bots was in Meta's Ad Creative Generative AI Terms, which allowed scraping only in connection with ad content. The new terms extend that permission to training Meta's products generally. Legal experts told Nieman Lab that this looks like "tying," an antitrust concept where a business forces a buyer to accept a second product as a condition of buying another. They compared it to Google's prior practice of requiring websites to opt in to scraping for AI Overviews if they wanted to be indexed for general search, which Google has since changed to allow opt-outs.

Meta's spokesperson pointed Ars to a Seller Agreement that also mentions test credentials for e-commerce sellers, but that policy is not mentioned in Meta's blog announcing the commercial terms update. At least one Meta user, Stephen Beale, founder of The Steampunk Explorer, is already considering quitting the platform over the update. He told Nieman Lab that the terms seemed like "such an arrogant, in-your-face move" and said, "It just makes me angry, and I don't want them to get away with it."

FAQ
Can businesses opt out of Meta's new scraping terms?
No, the updated terms do not allow businesses to opt out. Meta suggests businesses stop using Meta services if they do not agree.
What is Meta's response to concerns about the TOS update?
Meta said it has no plans to use the terms to ignore robots.txt instructions that block scraping on news sites. A spokesperson told Ars that "there is no change to how Meta uses web crawlers."
Ars Technica AIRead Original Article

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