r/AIWarsButBetter • u/LCI_Jake • 1d ago
Why "They agreed to the Terms of Service" doesn't actually settle the AI training debate (posted in AI Wars first)
Ive seen this argument a lot on the sub when it comes to training ethics:
"Artists consent when they upload their art in accordance with laws and ToS. It's double hypocritical when artists allow others to learn/train off their art but not AI."
I hear this a lot. There is some merit to it, but merit doesn't mean victory.
First, I want to clarify what AI training actually is and where I stand, because I don't want people thinking I'm anti-AI.
I am pro-AI, and I am not against AI training.
AI isn't a collage machine or a folder of stolen JPEGs. It's a neural network that analyzes patterns, colors, and concepts across billions of data points to adjust mathematical weights and make something new. I think machine learning is an incredible technology.
My issue isn't with the technology itself. My issue is with how platforms hide behind a TOS instead of dealing with basic user expectations.
To answer the TOS argument, ill ask some simple questions:
1 - When was the last time you read a TOS front to back?
2 - Have you never been blindsided by a TOS concession that you felt didn't represent your interests?
3 - Are there any platforms you have exited because of an exploitative TOS?
4 - Would you not have preferred to have an easy to access, easy to read, not long to read TOS that clearly explains all of the site/platforms terms and allows you to opt out of their websites terms?
If you've answered yes to most of these, then you agree mechanically that the simple existence of a TOS doesn't remove your rights as an individual.
Furthermore, the law is above a company's TOS. If a company has a TOS that breaks the law, and someone accepts that TOS, they are not SOL because the TOS breaks the law.
That said, I will say this... Functionally, once you accept a company's TOS, you are bound by that TOS unless a lawsuit says otherwise. And if that TOS is legal, that would be a case that you have no standing.
Theres also a big difference people forget between first-party platforms and third-party scrapers. If Meta trains on your Instagram posts, they are using their TOS. But when third-party AI companies scrape your personal portfolio site, they don't have a TOS with you at all. They cant use "you agreed to terms" as a shield—they have to rely on Fair Use.
Now, to look at the platforms that do use their TOS for this:
Imagine if you will, you are at a public baking convention. You are there to show off your pie, and let people taste it. But, as a term of the service, you are required to give your recipe to the venue, so that they can make their own pies and sell them to other people.
The venue takes everyone's recipe, and creates their own from that recipe. Now, suddenly, people are buying the venues pies instead of trying yours.
For this case, im not arguing that the venue taking the recipes, creating their own, and selling pies is wrong. I dont think it is.
What I am arguing is this. If you went to that convention with the expectation that you were there only to display your pies, and the venue you went to do that at ended up profiting off of your recipe, doesnt that sound like some sort of exploitation?
When these sites were created years ago, the agreement was simple. You agree to let us store your image, and well display it so others can easily find it and appreciate it. Now, you have sites retroactively using that agreement to say that they can use their works for AI training, telling artists "well, you agreed."
There is entire south park episode about this very topic, and its funny, and scary.
As I said, I am Pro - AI. training models on existing artwork is not wrong. But as I have consistently said, how that art is obtained is in question legally and ethically and an answer needs to be worked too.
So ill pass it to you guys. How do you think art works can be protected online? Should we just be more responsible with reading TOS? Should artists make their own sites hidden behind paywalls? Tell me what you think.
