#xcorp

Terms of Service

Firstly, lets look at the viral post regarding twitter's terms of service and are shown below

I have seen these spread a lot and have seen so many people leave twitter/delete all their art/deactivate there when this is just industry standard to include in TOS

Below are other sites TOS I found real quick with the same/similar clauses! From instagram, tiktok, and even Tumblr itself respectively, with the bit worded similar highlighted

Even Bluesky, a sight viewed as a safe haven from AI content has this section

As you can see, all of them say essentially the same thing, as it is industry standard and it's necessary for sites that allow you to publish and others to interact with your content to prevent companies from getting into legal trouble.

Let me break down some of the most common terms and how these app do these things with your art/content:

storing data - > allowing you to keep content uploaded/stored on their servers (Ex. comments, info about user like pfp)

publishing -> allowing you to post content

redistributing -> allowing others to share content, sharing on other sites (Ex. a Tumblr post on twitter)

modifying -> automatic cropping, in app editing, dropping quality in order to post, etc.

creating derivative works -> reblogs with comments, quote retweets where people add stuff to your work, tiktok stitches/duets

While these terms may seems intimidating, they are basically just tech jargon for the specific terms we know used for legal purposes, once more, simply industry standard :)

Saying that Twitter "published stored modified and then created a derivative work of my data without compensating me" sounds way more horrible than saying "I posted my art to twitter which killed the quality and cropped it funny and my friend quote-tweeted it with 'haha L' " and yet they're the same !

Privacy Policy

This part is more messy than the first and may be more of a cause for concern for artists. It is in regards to this screenshot I've seen going around

Firstly, I want to say that that is the only section in twitter's privacy policy where AI /machine learning is mentioned and the section it is is regarding how twitter uses user information.

Secondly, I do want to want to acknowledge that Elon Musk does have an AI development company, xAI. This company works in the development of AI, however, they want to make a good AGI which stands for artificial general intelligence (chatgpt, for example, is another AGI) in order to "understand the universe" with a scientific focus. Elon has mentioned wanting it to be able to solve complex mathematics and technical problems. He also, ofc, wants it to be marketable. You can read more about that here: xAI's website

Elon Musk has claimed that xAI will use tweets to help train it/improve it. As far as I'm aware, this isn't happening yet. xAI also, despite the name, does NOT belong/isn't a service of Xcorp (aka twitter). Therefore, xAI is not an official X product or service like the privacy policy is covering. I believe that the TOS/the privacy policies would need to expand to disclaim that your information will be shared specifically with affiliates in the context of training artificial intelligence models for xAI to be able to use it but I'm no lawyer. (also,,,Elon Musk has said cis/cisgender is a slur and said he was going to remove the block feature which he legally couldn't do. I'd be weary about anything he says)

Anyway, back to the screenshot provided, I know at a glance the red underlined text where it says it uses information collected to train AI but let's look at that in context. Firstly, it starts by saying it uses data it collects to provide and operate X products and services and also uses this data to help improve products to improve user's experiences on X and that AI may be used for "the purposes outlined in this policy". This means essentially just that is uses data it collects on you not only as a basis for X products and services (ex. targeting ads) but also as a way for them to improve (ex. AI algorithms to improve targeting ads). Other services it lists are recommending topics, recommending people to follow, offering third-party services, allowing affiliates etc. I believe this is all the policy allows AI to be used for atm.

An example of this is if I were to post an image of a dog, an AI may see and recognize the dog in my image and then suggest me more dog content! It may also use this picture of a dog to add to its database of dogs, specific breeds, animals with fur, etc. to improve this recommendation feature.

This type of AI image, once more, is common in a lot of media sites such as Tumblr, insta, and tiktok, and is often used for content moderation as shown below once more

Again, as far as I'm aware, this type of machine learning is to improve/streamline twitter's recommendation algorithm and not to produce generative content as that would need to be disclaimed!!

Claiming that twitter is now using your art to train AI models therefore is somewhat misleading as yes, it is technically doing that, as it does scan the images you post including art. However, it is NOT doing it to learn how to draw/generate new content but to scan and recognize objects/settings/etc better so it can do what social media does best, push more products to you and earn more money.

(also as a small tangent/personal opinion, AI art cannot be copywritten and therefore selling it would be a very messy area, so I do not think a company driven by profit and greed would invest so much in such a legally grey area)

Machine learning is a vast field , encompassing WAY More than just art. Please don't jump to assume just because AI is mentioned in a privacy policy that that means twitter is training a generative AI when everything else points to it being used for content moderation and profit like every other site uses it

Given how untrustworthy and just plain horrible Elon Musk is, it is VERY likely that one day twitter and xAI will use user's content to develop/train a generative AI that may have an art aspect aside from the science focus but for now it is just scanning your images- all of them- art or not- for recognizable content to sell for you and to improve that algorithm to better recognize stuff, the same way Tumblr does that but to detect if there's any nsfw elements in images.

WHAT TO DO AS AN ARTIST?

Everyone has a right to their own opinion of course ! Even just knowing websites collect and store this type of data on you is a valid reason to leave and everyone has their own right to leave any website should they get uncomfortable !

However, when people lie about what the TOS/privacy policy actually says and means and actively spread fear and discourage artists from using twitter, they're unintentionally only making things worse for artists with no where to go.

Yes twitter sucks but the sad reality is that it's the only option a lot of artists have and forcing them away from that for something that isn't even happening yet can be incredibly harmful, especially since there's not really a good replacement site for it yet that isn't also using AI / has that same TOS clause (despite it being harmless)

I do believe that one day xAI will being using your data and while I don't think it'll ever focus solely on art generation as it's largely science based, it is still something to be weary of and it's very valid if artists leave twitter because of that! Yet it should be up to artists to decide when they want to leave/deactivate and I think they should know as much information as possibly before making that decision.

There's also many ways you can protect your art from AI such as glazing it, heavily watermarking it, posting links to external sites, etc. Elon has also stated he'll only be using public tweets which means privating your account/anything sent in DMS should be fine!!

Overall, I just think if we as artists want any chance of fighting back against AI we have to stay vocal and actively fight against those who are pushing it and abandon and scatter at the first sign of ANY machine learning on websites we use, whether it's producing generative art content or not.