I know close to nothing about the US regulation in this space but at least in Europe, when you pay for advertisement, it has to be always clearly communicated to the user. Are you assuming that they will just ignore the law in such a blatant way?
I know close to nothing about the US regulation in this space but at least in Europe, when you pay for advertisement, it has to be always clearly communicated to the user. Are you assuming that they will just ignore the law in such a blatant way?
Eg if I ask Llama 3 to find me the best headphones, I think we can agree its response isn’t an ad.
If Claude responds with a banner that Sennheiser designed and paid Claude to show, that’s an ad.
They’ll live in the probabilistic grey area between those. If Sennheiser pays Anthropic to add “Sennheiser makes really good headphones” to the system prompt, is it an ad if Claude recommends Sennheiser headphones? What if they pay to ensure their site is included in the web search tool results for any queries about headphones?
It’s sort of akin to paying Google to rank higher in searches if that were a thing they did.
I do think they should have to declare those, but they’re not traditional advertising to me.
I think you mean "OpenAI is partnering with Sennheiser to improve its AI."
Common Law-based systems prioritize the consistency of precedents. As a result, the real law is often built on the margins, to borrow an economics terms. Which means that in a sense, we find out what the law "really says" by someone first breaking it and someone else challenging them. What I expect to happen is that we will eventually get to the point that someone is going to judge that the value of trying this is more than the expected value of the resulting lawsuit, and then this will eventually get to trial, and then, a couple of years later, we'll "know" whether or not this is breaking the law.
But there is a sense, a real, non-sarcastic sense, in which until that point, we don't really know if it's illegal or not.
Most of Europe does not operate under Common Law, so this may seem strange.
(The cookie consent banners that you see everywhere were anticipated and forbidden in the laws themselves, companies just gambled that the EU wouldn't be able to enforce the law, and they were correct. I expect something similar to happen with for-profit AI steering.)