Comment on OpenAI Suspends ByteDance's Account After It Used GPT To Train Its Own AI Model
Mahlzeit@feddit.de 1 year ago
I wonder if that clause is legal. It could be argued that it legitimately protects the capital investment needed to make the model. I’m not sure if that’s true, though.
Nick@mander.xyz 1 year ago
I can’t speak for every jurisdiction, but I’d be hard pressed to see why it wouldn’t be legal in the US, especially in these circumstances. ByteDance is a massive legally sophisticated corporation, so they should’ve been expected to fully read and understand the terms and conditions before accepting them. They probably won’t bring a legal challenge, because they know they don’t have a particularly strong legal argument or a sympathetic angle to use.
Mahlzeit@feddit.de 1 year ago
The issue is that what they are doing there is blatantly anticompetitive.
www.ftc.gov/advice-guidance/…/refusal-deal
Nick@mander.xyz 1 year ago
Sorry for the late reply, but this doesn’t really seem like it’d come close to invoking any of the US’s neutered antitrust enforcement. Open AI doesn’t have a monopoly position to abuse, since there are other large firms offering LLMs that see reasonable amounts of usage. This clause amounts more to an effort to stop reverse engineering than stifle anyone trying to build an LLM.
Mahlzeit@feddit.de 1 year ago
I doubt if it is clear-cut enough to bring down enforcement in any case. However, that does not mean that the clause is enforceable.
It is easy to circumvent such a ban. Eventually, the only option that MS has is suing. Then what?