Y’all. Mastodon has a new Terms of Service that’s problematic. I’m hoping and cautiously optimistic that they’ll sort it out. But for now it’s not good.
@mcc wrote one of the best GitHub issues I’ve ever seen. It explains everything in great detail. Check it out if you want a full picture on the situation.
github.com/mastodon/mastodon/i…
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(UPDATE: our crowd-sourced concern has them pausing on this. mastodon.social/@Mastodon/1147…)
#Mastodon #TOS #IP #IntellectualProperty
New Terms of Service IP clause cannot be terminated or revoked, not even by deleting content
Summary Since it first opened, mastodon.social has operated without any sort of explicit IP grant from the users to the service, which is unusual for a social networking service. Today Mastodon ann...mcclure (GitHub)
Questa voce è stata modificata (3 mesi fa)
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bazkie 👩🏼💻 bitplanes 🎵
in reply to Mark Wyner Won’t Comply • • •Mark Wyner Won’t Comply
in reply to bazkie 👩🏼💻 bitplanes 🎵 • • •@bazkie the TOS itself applies to the instance you’re on, not to dot social.
What’s unclear to me, is once your content is federated it’s on those servers. So if your own admin is safe, but your content propagates to another server with an unsafe admin, how does that work?
The legal ramifications are all ambiguous because I’m not an attorney. As is the situation with most of us.
bazkie 👩🏼💻 bitplanes 🎵
in reply to Mark Wyner Won’t Comply • • •hm right, that sounds like a big potential problem.. I'd hate the idea that everything I've tooted so far will in the future be used by some megacorp AI bot's training data.
and yeah, that shit happened to my github projects as well, which I'm still angry about..
would love to hear more in-depth info about this from some legal expert too!
Natasha Nox 🇺🇦🇵🇸
in reply to bazkie 👩🏼💻 bitplanes 🎵 • • •If I remember correctly not even the EU is certain about how to solve this other than "trust".
mcc
in reply to bazkie 👩🏼💻 bitplanes 🎵 • • •@bazkie The Mastodon instance is accepting it on July 1, and if nothing changes the TOS will be pushed out in the next software update, meaning there will be a button other instance operators can press to enable it.
I cannot comment on whether the m.s terms bind on instances federating with m.s— "I don't think so, but some commenters seem to think it does?"
Mark Wyner Won’t Comply
in reply to Mark Wyner Won’t Comply • • •I’m concerned. Definitely. But I also don’t know all the scenarios that apply to this, and how all of it transpires in a legal realm. It’s cloudy at best, which is the problem.
I’m going to remain cautiously optimistic that Mastodon will pivot on this. They kind of have to, because it really doesn’t jive with what we all believe Mastodon is about.
I’ll also remain vigilant in watching how this plays out. Which everyone should do.
🧵 2/2
Snow
in reply to Mark Wyner Won’t Comply • • •Mathias Hasselmann
in reply to Mark Wyner Won’t Comply • • •DB Schwein
in reply to Mark Wyner Won’t Comply • • •This would seem to conflict with the EU right to erasure laws...
gdpr.eu/right-to-be-forgotten/
Everything you need to know about the “Right to be forgotten”
Ben Wolford (GDPR.eu)Mark Wyner Won’t Comply
in reply to DB Schwein • • •doboprobodyne
in reply to Mark Wyner Won’t Comply • • •It's very interesting, as a lay person considering hosting an activity-pub based server and allowing open sign-ups, it felt to me like they were trying to hedge against the fact that once something's published online, especially via a federated publishing network, the publisher doesn't have a legally meaningful (to my mind, but I am not a judge) mechanism to reliably unpublished it from the internet. As I read it, they seemed to be asking the user to agree that all parties understood and accepted this.
I could be wrong, of course, and I'm sure the author of your link would say I am (under their subheading "What about federation?" where they seem to think what I describe is handled implicitly, and that's fine for all parties), but nevertheless it's food for thought for me, in how I might compose/adjust a ToS agreement. Thank you for sharing it.
#mastodon #activitypub #piefed #webhosting #hosting #homelab #selfhosted #law #legal #contract #contractLaw #publishing
ToddZ Ⓥ
in reply to Mark Wyner Won’t Comply • • •Eugen has commented in the GitHub thread. The TOS draft and the communication around it do seem flawed, but tl;dr: he's aware of the objections and is taking it back to the lawyers.
(Don't let that stop anyone from adding their voice to the concerns, though.)
Meadow
in reply to Mark Wyner Won’t Comply • • •People thought us alarmists for not wanting Mastodon to federate with Meta. THIS is the backdoor deal that was made under NDA with us being told the entire time that our data was safe and this was for the good of Mastodon (something I never believed). Not only do the big corporations get access to our data despite us coming here to get away from that, now they will get permanent use of it in only two weeks?
Might be time to close my fedi accounts. I don't use them nearly as much anymore, and this place is continuing to try to destroy the reasons I came here in the first place.
Even non-profits will practice death by a thousand cuts against their users.
@mcc
Mark Wyner Won’t Comply
in reply to Meadow • • •Meadow
in reply to Mark Wyner Won’t Comply • • •It may have nothing to do with Meta, but the patterns of behavior are rather similar to when Meta was given access to Mastodon.
It's a security/privacy issue. It may not be a deal with Meta. It may not be a deal with anyone, yet. But with those terms, they can make any deals they want down the road, and I have no legal grounds to prevent it.
The only legal way I can stop this is assume the worst and leave the platform before it's too late. I'm giving myself a couple of days to see how things unfold, but this behavior is incredibly fishy. Even Facebook has better data deletion policies.
Mark Wyner Won’t Comply
in reply to Meadow • • •@meadow we agree that it’s not great. And I don’t believe anyone is immune to the possibility of doing something like this. Idolatry doesn’t help.
I’m simply saying the connection to Meta is out of left field. That doesn’t mean it’s not true. I just haven’t seen anyone saying anything that supports that Meta has literally anything to do with this. Which is why I’m asking. Not rhetorically.
If you have info, share it. If it’s just an opinion, that’s cool, too.
Meadow
in reply to Mark Wyner Won’t Comply • • •In the event you are curious, it appears we are not the only ones who think Meta has influenced this situation. Though, they have more evidence whereas mine was mostly instinct and autistic pattern recognition.
github.com/mastodon/mastodon/i…
To be clear, this isn't officially confirmed, nor am I in any way trying to say you are wrong. You seemed genuinely interested in how this plays out, so I thought you may like to see that comment.
New Terms of Service IP clause cannot be terminated or revoked, not even by deleting content
mcclure (GitHub)Mark Wyner Won’t Comply
in reply to Meadow • • •@meadow thank you for your honesty and kindness in how you’ve shared this with me. You could have been an ass, but chose to be friendly. I hope that is the sentiment I conveyed to you. Because, yes, I was asking genuinely.
I personally don’t think this has anything to do with Meta, but I’m not saying I’m right. That’s just my opinion. But I’m going to read the comment, and I’ll be open minded about it.
Paco Hope #resist
in reply to Mark Wyner Won’t Comply • • •What I think
is interesting is that the thing that
@mcc calls a "nightmare scenario" in that issue (current people are trustworthy, but eventually untrustworthy people take over) is hardly the stuff of "nightmares." A lot of us feel like that happened with Mozilla, Raspberry Pi, 23andMe, etc.
My examples are not intellectual property problems created by change of ownership/priorities. But they are examples of where a long-standing organization that has built up a lot of trust by behaving in a certain way can change it's behavior significantly and suddenly. It's not so much a "nightmare" as much as a worst-case scenario where we can call to mind recent, similar examples with ease.
Mark Wyner Won’t Comply
in reply to Paco Hope #resist • • •@paco oh, most definitely. This is spot on. We’ve been disappointed by so many great spaces. It’s tragic.
Let’s hope this is simply a misstep, and that they’ll turn it around. I rather like Mastodon. I’d like to stick around with this amazing community.
SpaceLifeForm
in reply to Mark Wyner Won’t Comply • • •s/Mastodon/mastodon.social/
Their ToS does not apply to all instances.
Vote with your feet.
mcc
in reply to SpaceLifeForm • • •SpaceLifeForm
in reply to mcc • • •SpaceLifeForm
in reply to mcc • • •Humpty Dumpty would be proud.
"When I use a word, it means just what I choose it to mean – neither more nor less".
SpaceLifeForm
in reply to mcc • • •🇨🇦️Dracula🍁
in reply to mcc • • •mcc
Unknown parent • • •@waystation @bazkie Mastodon is three things:
1. A nonprofit in Germany
2. A website mastodon.social, run by (1)
3. A software package, created by (1), which is running on (2) and also a number of independent websites.
Mastodon (1) is updating the TOS on Mastodon (2). But *additionally*, Mastodon (3) comes with a "template" TOS, suggested for use by instance operators. Mastodon (1) is also updating the "suggested" TOS distributed with Mastodon (3).
Mark Wyner Won’t Comply reshared this.
mcc
in reply to mcc • • •mcc
Unknown parent • • •bazkie 👩🏼💻 bitplanes 🎵
in reply to mcc • • •mcc
in reply to bazkie 👩🏼💻 bitplanes 🎵 • • •bazkie 👩🏼💻 bitplanes 🎵
in reply to mcc • • •Mark Wyner Won’t Comply
in reply to bazkie 👩🏼💻 bitplanes 🎵 • • •@bazkie
This is my burning question that I keep asking. Does the IP apply to the source instance, or all instances federated with the source?
This may be the key reason they have it worded this way. Because fediverse content isn’t limited to its origin server. You can have many servers with different versions of terms all displaying the same content.
@mcc @waystation
Random Geek
in reply to Mark Wyner Won’t Comply • • •what I appreciate is how carefully, politely, and gracefully @mcc said "you fucked up."
Her report and followup comments could go in an art gallery.
Ω 🌍 Gus Posey
in reply to Mark Wyner Won’t Comply • • •Mark Wyner Won’t Comply
in reply to Ω 🌍 Gus Posey • • •Viktoria D. Richards/Uddelhexe
in reply to Mark Wyner Won’t Comply • • •But are TOS per nature not agreements between the user of a service and the service and by nature end the moment the user terminates their account snd thereby stops being part of the agreement?
Germany has data laws that normally do not allow servises to refuse to delete all datasets of former useres when they no longer use it.
And if a company changes TOS from forbiding AI scraping to doing it, it is such a heavy change in conzract, that ending it by user MUST be allowed.
mcc
in reply to Viktoria D. Richards/Uddelhexe • • •@v_d_richards "and by nature end the moment the user terminates their account snd thereby stops being part of the agreement?"
I'm not sure what legal principle would require that
Viktoria D. Richards/Uddelhexe
in reply to mcc • • •It is a bit difficuld for me to properly explain German law-language into english.
For my clarification : in case Mastodon decided to surpeisingly implement an AI into the service, it is your concern, that your data is not deleted, but used to train said Llm after you deleted your account because of that "irrecocable"term?
mcc
in reply to Viktoria D. Richards/Uddelhexe • • •Viktoria D. Richards/Uddelhexe
in reply to mcc • • •1/2
Yes. These too.
A SoMe Service provided by a non profit company still has to follow basic privacy and copyright laws.
Most of the term's wording is granting rights to store, share and edit uploaded material, or a SoMe could not do what it is upposed to.
What these TOS do not grant is: "hey, if you ever upload something here it is mine to use howerver i please until forever even if you decide to no longer use my service".
+with a heavy TOS change from: we forbid
Viktoria D. Richards/Uddelhexe
in reply to Viktoria D. Richards/Uddelhexe • • •+with a heavy TOS change from: we forbid AI scraping to implementing an AI, that would, by German law, create a special right for partners in a contract, to terminate all connections with the resulting right to have ALL your data removed from the company:s storage.
Would Mastodon as as a whole plan to implement AI, i would delete all my materials, then my account and my shit better be gone or my laywer would be involved.
They cannot just refuse to react to legal actions.
Viktoria D. Richards/Uddelhexe
in reply to Viktoria D. Richards/Uddelhexe • • •That was, what i did, when DevianArt pulled their "LOL, we now have a shiny AI tool and you are by default opt in for your shit to be fet into our Llm."
That blew right into their face and a mass exodus of artists started.
Quite honestly: i don't want AI and if a service i do not need to function in society implements it, i am out no matter if i could technically opt out.
And with Mastodon being like 50% data-sensible ppl: pulling such a stunt would equal suicide.
mcc
in reply to Viktoria D. Richards/Uddelhexe • • •Viktoria D. Richards/Uddelhexe
in reply to mcc • • •I forwarded your concerns to the admin of our instance, who writes books and does worksops about data privacy and copyright.
I mark this thread and when she had time to perhaps answery question, i can give the info to you, yes?
On .online the TOS had an explicit part concerning AI scraping and how everything around ot is forbidden.
That is the TOS i agree to.
But to be safe, since Mastodon is by natute open to the web, i only upload art on @Uddelhexe in veeeery low quality
mcc
in reply to Viktoria D. Richards/Uddelhexe • • •Viktoria D. Richards/Uddelhexe
in reply to Mark Wyner Won’t Comply • • •@viennawriter kannst du das Problem mit den TOS und was das für Uploads in Mastodon bedeutet, kurz für noops erklären?😭
Und ob das uns hier generell jucken muss?
Bei .online hatten sie in dem TOS Updates noch ein Verbot für AI Scraping dabei.
Ich versteh die bei .social jetzt nicht so, dass die dann mit einmal hochgeladenen Sachen für immer machen können, was sie wollen...schon weil EU Recht, dem Mastodon unterliegt, das gar nicht zulässt.
Bin ich da rechtlich falsch?
Laura Carter
in reply to Mark Wyner Won’t Comply • • •Administrative account
in reply to Laura Carter • • •