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If I say my name is Doo doo head, in a public park, and someone happens to overhear it - they can do with that information whatever they want. Same thing. If you wanna spew your personal life on Twitch, there are bots that listen to all of the channels everywhere on twitch. They aren't violating any laws, or Twitch TOS. So, *buzzer* WRONG.
Right now, the same thing is being done to you on Lemmy. And Reddit. And Facebook. And everywhere else.
Look at a bot called "FrostyTools" for Twitch. Reads Twitch chat, Uses an AI to provide summaries of chat every 30 minutes or so. If that's not violating TOS, then neither am I. And thousands upon thousands of people use FrostyTools.
I have the consent of the streamer, I have the consent of Twitch (through their developer API), and upon using Twitch, you give the right to them to collect, distribute, and use that data at their whim.
Quite arrogant after you just constructed a faulty comparison.
That's absolutely not the same thing. Overhearing something that is in the background is fundamentally different from actively recording everything going on in a public space. You film yourself or some performance in a park and someone happens to be in the background? No problem. You build a system to identify everyone in the park and collect recordings of their conversations? Absolutely a problem, depending on the jurisdiction. The intent of the recording(s) and the reasonable expectations of the people recorded are factored in in many jurisdictions, and being in public doesn't automatically entail consent to being recorded.
See for example https://www.freedomforum.org/recording-in-public/
(And just to clarify: I am not arguing against your explanation of Twitch's TOS, only against the bad comparison you brought.)
You're both getting side-tracked by this discussion of recording. The recording is likely legal in most places.
It's the processing of that unstructured data to extract and store personal information that is problematic. At that point you go from simply recording a conversation of which you are a part, to processing and storing people's personal data without their knowledge, consent, or expectation.
@kattfisk That seems to imply that you cannot personally listen to or watch recordings that you have made in public. In doing so, you are abstracting personal details that you might have missed before, refreshing your memory, and so on. What is the material difference between you doing this without machine help versus with automation that makes it ethically problematic? What if a friend helped you, not a machine?
Object permanence, perfect recall, data security and consent. It's the difference between seeing someone naked vs taking a picture of someone naked.
Regardless - users, streamers, and developers are all prohibited from scraping and storing the Twitch chat.