Uncovering the OpenAI Model Development Conundrum: Loopholes and Legalities
Legal nuances in OpenAI's terms of service reveal an unexpected pathway for model development, where third-party sharing of API outputs creates a fascinating intersection between intellectual property rights and AI innovation. The distinction between direct API use and derivative works opens new possibilities while raising profound questions about the future of AI development.
Yesterday I saw a Twitter post by Maciej Obarski releasing another dataset that included the words: "All data byproducts are CC0-licensed." Looking at his GitHub repo "Alpaca Libre" you can find the follow text (his emphasis not mine): "Remember that developing a model based on data you generated via model API might violate the terms of service of the model API provider." 🤯Usual disclaimer: I'm not a lawyer nor do I play on the internet. Seek advice from a qualified legal professional before making any decisions.
Breaking Down the Implications
Let me break this down for you: OpenAI explicitly forbids you from using data that you generate using its API to create a competitive model. And OpenAI explicitly "assigns to you all its right, title and interest in and to" any output from its model which means that you can take it and release it under any license that you'd like. So if Party A generates data from OpenAI and releases it under an open license and Party B takes that data (which it itself did not generate from OpenAI) and creates a (competitive) model from it, then that's allowed by OpenAI terms. 🤯
Expert Validation
Here's how GPT-4 explained it to me:"I am not a lawyer, but I can provide you with an interpretation of the terms mentioned. According to the terms, you are not allowed to use the output from the Services to train a competing model. However, if someone else uses the output and releases it under an open license, then it would likely depend on the specifics of that open license."If the open license allows for use in training a competing model without restrictions, it may be possible for you to use the data in that way. However, it is important to consult a legal expert to ensure compliance with the OpenAI Terms of Service and any applicable laws or licenses."
The Ripple Effect
This totally changes the game and may certainly be why we're seeing a flurry of models being released. (I don't know how many others have noticed this loophole or posted about it but this is my first sight of it!)What a time to be alive!(600 tokens)
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