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> they can say, well it was open source I disagree... if those terms are unenforceable, then 1. someone else's model does not become free just because they say
by ranger_danger 2y ago
> they can say, well it was open source
I disagree... if those terms are unenforceable, then 1. someone else's model does not become free just because they say it does, and 2. I'm not convinced that is even legal to begin with.
Typically contracts (a license is a contract) have to be fair and mutually beneficial... I don't think a judge would agree that giving a whole model away for free just because you trained on some of their data, is fair, if there's anything even legally wrong with using said data for training in the first place.
You would also need to show a "reasonable purpose" for such a stipulation in the contract. Giving their product away for free as a punishment doesn't sound very reasonable to me, and I don't think a judge would say so either.
- bee_rider 2y agoThe model isn’t given away for free as a punishment, they agreed that the model and everything it produces is free as part of the terms and conditions. If they don’t think it is mutually beneficial, they don’t have to use the site. If they don’t like the contract, they can try and get it invalidated, but at least it will be a distributed problem for them.
- ranger_danger 2y ago> they agreed that the model and everything it produces is free as part of the terms and conditions > If they don’t think it is mutually beneficial, they don’t have to use the site. That's not how contracts work insofar as legal enforcement though. If a judge finds that clause to be unenforceable, then they wouldn't be giving anything up.
- bee_rider 2y ago> If they don’t like the contract, they can try and get it invalidated, but at least it will be a distributed problem for them.