Social network ‘X’ and the unauthorized use of user data

X users recently learned that their interactions with Grok, the platform’s artificial intelligence chatbot, were being automatically used to “train and fine-tune” the systems of xAI, Musk’s artificial intelligence company, without explicit permission to share data.

After the news broke, the social network said: ‘All X users have the ability to control whether their public posts can be used to train Grok, the AI research assistant. This option is in addition to your existing controls over whether your interactions, inputs and results related to Grok can be used. This setting is available on the web platform and will soon be available on mobile.’

 

However, Europe’s data protection watchdog says X isn’t being transparent enough and is seeking clarity on the change to open up space for new regulatory scrutiny of the social media platform.

In Brazil, X’s practice is also being questioned.

 

 

In Brazil, Meta had previously used text, images and videos from social networks to develop and perfect its generative language models, such as ChatGPT, by using public data shared by Brazilians on the social networks Instagram and Facebook.

 

At the beginning of July 2024, the government, through its National Data Protection Authority (ANPD), ordered the company to suspend this practice in the country. As a result, Meta must discontinue the rules for the Brazilian internet, under penalty of a daily fine of R$50,000.

 

Similarly, the practice adopted by Ellon Musk’s social network has been repudiated by the Brazilian Institute for Consumer Defence (IDEC), which warns that the change to social network X would have occurred without prior information or consent from users.

 

‘Specifically, we see a malicious design: there is a pre-selection of the option that consumers would accept the use of their data for AI processing purposes. This consent should not be presupposed but should be explicit,’ the consumer protection body said in its statement.

 

‘Idec emphasizes its indignation at seeing yet another ‘big tech’ exploiting consumers in order to grow its economic power,’ the body added.

 

As this is a new subject with many nuances and approaches, it is worth contacting a lawyer specialized in intellectual property to understand the limits of protection and exploitation that exist to date. Peduti Advogados can help you with this.

 

 

Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.

 

Source: X, de Musk, usa dados de usuários para treinar IA sem autorização + https://epocanegocios.globo.com/inteligencia-artificial/noticia/2024/07/x-de-musk-usa-dados-de-usuarios-para-treinar-ia-sem-autorizacao.ghtml

 

 

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

End of the Legal Battle Over Nirvana’s “Smiley Face” Logo

After a protracted six-year legal battle, the dispute between fashion designer Marc Jacobs and the rock band Nirvana over the rights to the iconic “smiley face” logo has come to an end. The controversy began in November 2018, when Marc Jacobs released a collection called “Bootleg Redux Grunge” featuring a design similar to Nirvana’s famous smiley face.

 

The only difference was that Jacobs replaced the X eyes with “MJ” (his initials) and swapped out the band’s name with the word “Heaven.”



Upon the release of the collection, the remaining members of Nirvana filed a lawsuit, asserting their copyright over the smiley face design, which they claimed was created by Kurt Cobain in 1991. Despite their assertions, former band members Dave Grohl and Krist Novoselic stated they were unaware of the design’s origins.

 


Marc Jacobs’ legal team argued that the copyright registration should be considered invalid due to the lack of any living person with firsthand knowledge of the design’s creation, among other deficiencies. This argument was bolstered by the testimony of Robert Fisher, a graphic designer who worked as an art director at Geffen Records, Nirvana’s label, and who also claimed to have designed the logo. However, his claim was dismissed by the entity managing Nirvana’s copyrights.



Now, after years of legal wrangling, the California federal court has announced that Nirvana’s members, Robert Fisher, and Marc Jacobs have agreed to settle the matter and reach an agreement in the coming weeks. The involved parties have not yet commented publicly on the resolution.

 

 

Author: Enzo Toyoda Coppola, Junior Associate and Cesar Peduti Filho, Managing Partner of Peduti Advogados.

Source: https://lorena.r7.com/post/Marc-Jacobs-e-Nirvana-finalizam-disputa-judicial

 

 

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.

Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.