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Comment by Phemist | Hacker News Reader

IANAL, but wouldnt feeding the training data into alpaca and then having it output similar text not construe new data that is not copyrighted by stanford/openai/facebook? (It would be a significantly creative and novel worm to get the prompts working correctly..) Obviously you are also not bound by the openai terms of use, and Im not sure if stanford's terms of use are as broad and well-defined...

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The terms of ChatGPT/GPT-3.5 explicitly state that one cannot use their data to construct competitive models

Not enforceable. All they can do is ban your ChatGPT account.

> Not enforcable

Are you willing to assign a upper limit on this probability and bet for it?

OpenAI disclaims ownership interest in the model output. If a subscriber (who has a contractual relationship with OpenAI) chooses to generate outputs that could be used to train a competing model, and chooses to share those outputs with third parties, that is not prohibited by the agreement. Further, the data being shared belongs to the subscriber and can be licensed however they desire (though actually, model outputs may not be copyrightable at all). If a third party who does not have a contractual relationship with OpenAI chooses to take this data and train a competing model, they are using the data under valid license and have breached no obligation to OpenAI.

Do you have the money to enforce such (dis)claims? That's really what it comes down to, you might be right but you'd go bankrupt in the process. It's simply better to just use something that didn't touch their outputs in the first place, like OpenAssistant.

I'm not a lawyer but if a successful company was built off chatgpt's output and without having a contract in place. I could see the totally morale megaCorp's trying to legally take an ownership stake.

Even recently US copywrite office have asked you too list any parts built with AI as we don't have the laws in place to cover this:

https://www.copyright.gov/ai/

Yes, but 1) you would not be using their data, and 2) you are not bound by their ToS if you never signed up to their service right..

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