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"There are several issues such as terms of service provisions by Midjourney, and basic fair use analysis, that will need to be sorted out by the court before we can determine the likely outcome," he added.

It’s right there in the terms of service: Musk’s right to deploy users’ posts “for use with and training of our machine learning and artificial intelligence models, whether generative or another type.”

She added that under the company’s terms of service, Flock customers who give their cameras to police have to abide by Senate Bill 34 and other laws governing the sharing of license plate data.

The company’s online terms of service says, “Your sample is processed in an irreversible manner and cannot be returned to you. Any information derived from your sample remains subject to rights we retain as set forth in these Terms.”

Terms of service are also often written broadly or vaguely, and “privacy policies are wholly inadequate to protect our personal information,” she said.