this post was submitted on 23 May 2024
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for phone setup, yeah fair 'nuff, but even that is well-arguable (what about corp phones where some desk jockey or auto-ack script just clicked yes on all the prompts and choices?)
a perhaps simpler case is "this browser was set to google as a shipped default". afaik in literally no case of "you've just landed here, person unknown, start searching ahoy!" does google provide you with a T&Cs prompt or anything
indeed! aiui there's a slow-boil legal thing happening around this, as to whether such items are considered derivative works, and what the other leg of it may end up being. I did see one thing that I think seemed categorically define that they can't be "individual works" (because no actual human labour was involved in any one such specific answer, they're all automatic synthetic derivatives), but I speak under correction because the last few years have been a shitshow and I might be misremembering
in a slightly wider sense of interpretation wrt computer-generated decisions, I believe even that is still case-by-case determined, since in the fields of auto-denied insurance and account approvals and and and, I don't know of any current legislation anywhere that takes a broad-stroke approach to definitions and guarantees. will be nice when it comes to pass, though. and I suspect all the genmls are going to get the short end of the stick.*
(* in fact: I strongly suspect that they know this is extremely likely, and that this awareness is a strong driver in why they're now pulling all the shit and pushing all the boundaries they can. knowing that once they already have that ground, it'll take work to knock them back)