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> You can absolutely write a license that contains the clauses I mentioned and it would be enforceable. A license (copyright law) is not a contract (contract l

> You can absolutely write a license that contains the clauses I mentioned and it would be enforceable. A license (copyright law) is not a contract (contract law). Simply publishing something does not make the whole world enter into a contract with you. Others first have to explicitly agree to do so. > Sorry, but the onus is on OpenAI to read the licenses not the creator. They can ignore it because they never agreed to it in the first place. > And throwing your hands in the air and saying "oh you can't do that in a license" is also of little use. It is very useful to know what works and what does not. That way you don't trick yourself and your work to be safe, don't get caught by surprise if you are in fact not and can think of alternatives instead. BTW, a thing you can do (which CaptainFever mentioned) and lots of services do because licenses are so weak is to make people sign up with an account and have them enter a ToS agreement instead.

LunaSea 2y ago
> They can ignore it because they never agreed to it in the first place. They did by accessing and copying the code. Same as a human cloning a repository and using it's content or someone accessing a website with Terms of Use. No signed contract is needed here.
- CaptainFever 2y ago
  > They did by accessing and copying the code. By default, copying is disallowed because of copyright. Your license provides them a right to copy the code, perhaps within certain restrictions. However, sometimes copying is allowed, such as fair use (I covered this in another comment I sent you). This would allow them to copy the code regardless of the license. > Same as a human cloning a repository and using it's content or someone accessing a website with Terms of Use. I've covered the cloning/copying part already, but "I agree to this ToS by continuing to browse this webpage" is called a clickwrap agreement. Its enforceability is dubious. I think the LinkedIn case showed that it only applied if HiQ actually explicitly agreed to it by signing up.

LunaSea 2y ago

> They can ignore it because they never agreed to it in the first place. They did by accessing and copying the code. Same as a human cloning a repository and using it's content or someone accessing a website with Terms of Use. No signed contract is needed here.

CaptainFever 2y ago
> They did by accessing and copying the code. By default, copying is disallowed because of copyright. Your license provides them a right to copy the code, perhaps within certain restrictions. However, sometimes copying is allowed, such as fair use (I covered this in another comment I sent you). This would allow them to copy the code regardless of the license. > Same as a human cloning a repository and using it's content or someone accessing a website with Terms of Use. I've covered the cloning/copying part already, but "I agree to this ToS by continuing to browse this webpage" is called a clickwrap agreement. Its enforceability is dubious. I think the LinkedIn case showed that it only applied if HiQ actually explicitly agreed to it by signing up.