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Comment by pmoriarty | Hacker News Reader

So what are they going to do about it?

Great question! I don’t know the end game there. Maybe if they suspected their model was used they would sue, and in discovery find you used their model for training?

Maybe we don't need to worry, OpenLLaMA is under training right now. It will be the commercial version of LLaMA.

> 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.

> So what are they going to do about it?

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.

Have companies managed to get awarded damages in lawsuits against their customers who merely broke their terms of service?

Is there existing case law here?

That escalated quickly.

MS lawyers have a good track record at sending out those scary cease&desist letters

I don't think that works. LLM-generated contents are not copyrightable.

Breach of contract for violating the TOS agreed to when signinf uo for the service doesn’t depend on copyright.

Right but cease and desist usually relates to intellectual property or copyright matters, typically not TOS violations. Please correct me if I am mistaken.

Cease and desist can be used for any issues where the person or entity issuing the C&D thinks they have a legal right that is being violated and wants to put the violator on notice in the hopes of securing a change in behavior short of legal action.

What I don't understand - is there anything that would prevent Alice from publishing ChatGPT prompts and outputs for anyone to use, with no T&C attached?

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.)

Is a terms of service considered a contract?

They can terminate your account.

Nothing until it’s worth their while.

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