Microsoft Bing’s New Terms Of Service Go Too Far

When the new Microsoft Bing AI copilot was announced, and I reported about the changes to the Bing webmaster guidelines, Glenn Gabe also picked up on some potentially problematic language in the new Bing terms of service.

I am no lawyer, neither is Glenn, but if you read the terms, it says:

Use of Creations. Subject to your compliance with this Agreement, the Microsoft Services Agreement, and our Code of Conduct, you may use Creations for any legal personal, non-commercial purpose.

Ownership of Content. Microsoft does not claim ownership of Captions, Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, the Online Services (including feedback and suggestions). However, by using the Online Services, posting, uploading, inputting, providing or submitting content you are granting Microsoft, its affiliated companies and third party partners permission to use the Captions, Prompts, Creations, and related content in connection with the operation of its businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Captions, Prompts, Creations, and other content you provide; and the right to sublicense such rights to any supplier of the Online Services.

Glenn highlighted this on Twitter:

And the TOS: “You are granting Microsoft permission to use the Captions, Prompts, Creations, & related content the license rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate & reformat the Captions, Prompts, Creations, & other content you provide” pic.twitter.com/Py9v2nFDGm

— Glenn Gabe (@glenngabe) February 8, 2023

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The folks at MarTech.org dug into these changes, saying it may pose legal issues for Microsoft. “Content creators of all types are reasonably concerned about AI taking and re-using their work without permission. Content marketers risk losing control of their content. There’s a lot at stake here, so expect a whole lot of lawyers to get involved,” they wrote.

“Microsoft is likely trying to cover every angle, since the laws about AI are still in flux,” says Elizabeth Potts Weinstein, a business law attorney and founder of EPW Small Business Law PC. “No one yet has any clear answers in AI.”

These are super interesting times and probably something you should be aware of as you use the new bing and publish your own content on the internet.

Forum discussion at Twitter.