The imbroglio began in February 2024, when SoundCloud quietly changed its TOS to include:
That quietly sat there in the TOS for more than a year, but this week, Ed Newton noticed the change and posted about it on his X account. The response was immediate and fiery, with many musicians and SoundCloud users decrying the use of their music to train AI.
It's easy to see why musicians wouldn't want their art used to train machines designed to replace them, but, according to SoundCloud, the TOS change was never about that.
According Seton, it's basically been a misunderstanding. "The language in the Terms of Use was too broad and wasn’t clear enough. It created confusion, and that’s on us," Seton wrote.
Opt-in or opt-out: The eternal question
The community responded with, "shouldn't that read 'opt-in?'"
How SoundCloud is planning to change its terms of service
In his open letter, SoundCloud CEO Seton got specific about planned changes to the service's terms of service. The offensive AI section will be replaced with:
So AI won't be used for replication or synthesis of users' music unless they opt in. Presumably, SoundCloud's will continue to use AI for recommendations, tagging, and play-listing, a much more benign, and generally accepted used of the technology.
A couple of lessons from this flare-up: One, dealing with AI requires companies to be crystal clear with their users about how AI will be employed. Two, we should all read the TOS.
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