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Paying for an account doesn't opt you out by itself, right? Has he stated anywhere that he actually opted out? But if not, then I also don't understand why OpenAI's communications about this have been so vague, they could've just said that he didn't opt out, using those chats in training data follows their ToS and that's it (whether that's "fair" is a separate discussion).

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We don’t need to guess, OpenAI pretty much indirectly they had the chats in their data set. OpenAI responses are the most suspicious part of that whole controversy, the fact they do not provide straight answers is not a sign of a good faith actor here

There has been no statement either way, as far as I could find beyond them only using commercially available models, though given Alpöges employer, I'd be surprised if they didn't opt out. In any case, for such work, ZDR or self-hosting seem to be an absolute must now.

Unless OpenAI can show that training was permitted, this will erode the limited trust that many users have had in such toggles and may lead to further, uncomfortable inquiries.

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