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Comment by sp332 | Hacker News Reader

It's against the terms of service to do the generation, but the generated text is not copyrighted. Those are different things.

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GPT-4 is trained on a large number of web pages, some of which will have had their own terms of service.

Not only web sites, full books from scribd and other sources.

see LinkedIn vs HiQ (which HiQ won) covering fair use of logged-out web pages.

I have to log in to OpenAI to generate conversations but the conversations I can post on my own logged-out blog. It's the same thing OpenAI would probably say if they got sued because GPT spits copyrighted content it found on a logged-out webpage. They can't reasonably expect people to not use them for training.

Is it legal for one of their computer systems to access mine without my consent, even if publicly routable via the internet?

If I found an open port on a government computer it is still illegal for me to access that isn't it? Is the difference that this is port 80/443 and happens to serve HTTP requests something that has been described in law or court?

show me the ToS where it says that, and I still won't care, because it would absolute be legal under the same principle openAI is using for the training data as a transformative work.

FYI: here are the relevant parts from the TOS:

(iii) use output from the Services to develop models that compete with OpenAI; (iv) except as permitted through the API

sounds like you are allowed to as long as it's from the api, as this "imaginary" restriction isn't in https://openai.com/policies/api-data-usage-policies, or https://openai.com/policies/usage-policies.

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