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> Lots of websites have a TOS. openai did not agree to the TOS of other websites they scraped, so they're not bound by it. It's unclear if the TOS is automatic
by chii 2y ago
> Lots of websites have a TOS.
openai did not agree to the TOS of other websites they scraped, so they're not bound by it. It's unclear if the TOS is automatically agreed to by virtue of merely accessing the data that is already supplied in a webpage, without having first actively agree by an action like clicking.
See https://en.wikipedia.org/wiki/Shrinkwrap_(contract_law)#United_States https://en.wikipedia.org/wiki/Shrinkwrap_(contract_law)#Unit...
therefore, openAI is only ever bound by copyright law, and not the TOS of the website. And according to some interpretation of copyright law, these AI models do not constitute distribution of the original training material.
- cameldrv 2y agoDeepSeek may not have agreed to OpenAI's TOS either. They probably used a bunch of third party intermediates to gather o1 outputs from OpenAI. Similarly, when you "buy" many ebooks, you're agreeing to a TOS, but then, in violation of the TOS, they were uploaded to Libgen, which OpenAI downloaded.