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The opt-out is new but the platform definitely trained models on stream footage for years before telling anyone or giving them a way to opt-out.
Oh 100% I don’t think they are stopping because you hit opt out either… feel good button at best
And don’t forget the “it seems there was a bug!” response when they get caught.
And the terms of service almost certainly allowed them to do that. I can’t imagine they have a case here.
In a sane country, a terms of service doesn’t waive your rights to your legal minimum protections including privacy rights. In USA, I’m not so sure.
It usually doesn’t, but also you have to take entities to court to test that. Most people don’t bother (yay capitalism! Where you can do openly illegal shit so long as no one can afford to tell you no!)