Comment by thayne
3 days ago
> How else would you "opt out"? You want to have your cake and eat it too?
I should have the option to continue using the old terms. If they want to be able to change the terms after I initially agree to them, then the initial terms need to explicitly state how long the terms are good for, and they can't be changed before that. No "we can change the terms at any time". And yes, to accept the new terms, they should require that I explicitly acknowledge the changes, not just assume that I read an email lost in all the marketing spam they send me.
> Is there a Terms of Service change you find particularly offensive that might better explain your concerns here?
Changes in terms that I've found offensive include:
- Requiring that I don't participate in any class-action lawsuits or arbitration
- Using my data to train AI
- Limiting the devices I can use the service on
- Allowing them to share my data with third parties
- etc.
Admittedly, I haven't always opted out. But largely because I don't have much of a choice, in many cases there either isn't a realistic alternative to switch to, or all the alternatives have similar terms, which is it's own problem.
As for what changes I would like to see:
- There should be well-defined limits on what can be put in a ToS. Ex. you can't prohibit participating in class-action lawsuits. There should be a process for appealing arbitration to an actual court. etc.
- For paid subscriptions/license any ToS apply for the duration of the subscription/license. They cannot force you to change the terms until your current subscription expires. For on-demand or free services, they must guarantee the terms won't change for some period of time.
- They must provide easily understandable terms or at least easily understandable (and accurate) descriptions of the terms, that don't leave out subtle loopholes for the company.
- If the terms do change, they notify you with enough notice that you have time to migrate off of the platform before the new terms take affect.
- The new terms can't be retroactively applied to data I gave them before the change in terms, unless I specifically opt in.
These are some good concrete answers on proposed changes, thanks.
Sounds like things to be codified in statutory regulations. I suspect some of these must exist in bills somewhere, will enjoy checking on that later. Have a good day!