@neil To me, one powerful way to describe the situation is by imagining symmetry in the consent relationship between service providers and individuals.

We've all seen and clicked thru the "I accept the terms..." nag, and IANAL but apparently courts have found this to be acceptable and binding on individual users of software and services.

What if I could publish a "Terms of Engagement" on my "homepage", that binds anyone who allows me to use their service - and that these terms could change at any time at my sole discretion. And it's their responsibility to read it, and not my job to reconcile it with their own legalese.

If this symmetry existed, the discussion around "what is consent" would change drastically, I expect.

Imagine going to wordpress dot com or facebook dot com and being greeted with :
"Sorry, your Terms of Engagement disallows the use of your data for training of Generative AI technology, and we are unable or unwilling to disable it for your session. Access Denied"