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A terms of service update doesn't typically make headlines, even for the biggest brands.

But the past year tells a different story.

In June, Adobe got into trouble because it scrapped content for its AI learning models and then changed its terms of service to allow it. Weeks earlier, Meta faced a similar challenge when it changed the terms of its privacy policy to allow the use of customer data in its AI learning models. In August 2023, Zoom was criticized for its updated terms of service around AI training and was subsequently forced to write a blog post to clarify its plans.

Did all of these headlines serve as a cautionary tale for other big brands to avoid an AI-related terms of service controversy? Ask LinkedIn.

The social media darling of the B2B world came under fire this month for automatically opting users into a program that trains generative AI models with their data. Some LinkedIn users weren't happy to learn about the change.

That's why we asked Robert Rose, CMI's chief strategy advisor, for his opinion. What he gives as the reason for the outcry may surprise you. Read on or watch the video:

LinkedIn's terms of service are eye-catching

Is the excitement justified? Are you interested in LinkedIn using your content on LinkedIn to make LinkedIn more LinkedIn-like? Or, as my wife says, “That’s not the thing.” It’s the principle of the thing?”

404 Media broke the story about AI content mining and reported that LinkedIn would update its terms of service “shortly.”

After the company made the change, the terms of service included this passage (as many do today):

“We may use your personal information to improve, develop and provide products and services, develop and train artificial intelligence (AI) models, develop, provide and personalize our services, and gain insights using AI, automated systems etc. to draw conclusions so that our services can be more relevant and useful to you and others.”

I translate that as: “We use your data to improve things and teach computers to make our services more useful to you and other people.”

However, the problem doesn't seem to be the fact that LinkedIn has added this section to its terms of service, or that it's asking users to opt out rather than opt-in to the program.

This is the real reason LinkedIn is in trouble

The criticism comes as LinkedIn appears to be updating its terms of service after it started doing so, as Tech Crunch reported last week.

What happens between the legal, marketing and corporate communications teams? I don't understand why these things aren't better coordinated, even in a company the size of LinkedIn.

They should have learned from the public failures at Zoom, then at Meta, and finally at Adobe.

You see, the problem isn't that LinkedIn uses customer data. Most people should assume that companies will do this.

And isn’t the point of your LinkedIn content for everyone to see, learn from, and appreciate? Wouldn't anything that helps you craft the ultimate content that matches your view of the world on LinkedIn be a net positive?

I don't want pictures of your kids, family and home, or your private messages on Facebook to inform Meta's AI, but LinkedIn is different. Or am I missing something?

OK, back to the actual takeaway. The bad optics arose because these brands failed to communicate with their existing audiences. These companies seem to be plagued by errors.

You may have missed the news about the Terms of Service because LinkedIn has not commented on it. But I'm sure you noticed the clumsy AI prompts that showed up as “featured comments” under LinkedIn posts. They've now disappeared after LinkedIn heard the clamor from users about the ridiculousness of these prompts. With this new AI data refresh effort, LinkedIn appears to be trying to make the platform smarter, either to return a newer and better version of suggested comments or to offer new AI-generated features.

Expect more of the same and hope for better communication

The lesson is that this is inevitable. Platforms use your behavior and content to learn how to engage you more deeply and motivate you to use them more.

Today it is Netflix, Adobe, Google, Meta and LinkedIn. Tomorrow it will be your enterprise software provider, your airline, your favorite hotel chain, your bank or your healthcare provider.

Let's just hope these companies have learned the lesson and coordinate their content, AI learning and messaging a little better. As I've been saying for years, 90% of a smart content strategy has nothing to do with the content; It's about coordination and collaboration in communicating with the world.

Perhaps you can use a platform's change in terms of service as a reminder to review your content strategy, for example by using daylight saving time as a reminder to change your smoke detector batteries twice a year.

Want more content marketing tips, insights, and examples? Subscribe to CMI weekday or weekly emails.

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Cover image by Joseph Kalinowski/Content Marketing Institute

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