That is against their ToS though if you use your new LLM commercially.
You signed up and agreed to their TOS to use GPT-4.
The legal situations are not similar.
OTOH, lots of people are openly using GPT-4 in one way or another to develop models, though they might generally be at arm’s length from people intending to sell services.
They openly state they used thousands of books from a pirate site as a training source. Go look up the datasets listed in the GPT-3 paper.
> Update 05/22/2023
> We are happy to release our 700B token checkpoint for the OpenLLaMA 7B model and 600B token checkpoint for the 3B model. We’ve also updated the evaluation results. We expect the full 1T token training run to finish at the end of this week.
https://github.com/openlm-research/open_llama
So we could develop on LLaMA for now and switch to OpenLLaMA later.
If they think they can prove you used it to develop a competing service, sue you for breaking the TOS and recover the greater of the harm it did to their business or the amount of your profits from the service that are due to the uae of GPT-4 in violation of the agreement.
Is there existing case law here?
Once Alice has done that, is there anything to prevent Bob, who has never agreed to ChatGPT ToS, to use those prompts and outputs to train his own models to compete with OpenAI's?
(Purely from a contractual/legal/IP angle rather than ML/technical.)