Re:Samsung bans use of A.I. like ChatGPT for employees after...
by ThrowawayTestr on Tuesday May 02, 2023 @11:43PM
(#35797654)
>These Terms of Use apply when you use the services of OpenAI, L.L.C. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”).
Though, they don't define "developing and improving".
Re:Samsung bans use of A.I. like ChatGPT for employees after...
by scarface74 on Wednesday May 03, 2023 @12:59AM
(#35798196)
When I go to settings there is an option:
> Save new chats to your history and allow them to be used to improve ChatGPT via model training
That sentence does not claim OpenAI does not use such Content for other purposes besides "developing and improving the Services". For example, using the Content in a manner that potentially harms Samsung's business.
What does "develop or improve our Services" even mean? There is no definition.
Third, how would anyone outside of OpenAI know how OpenAI uses the Content. For example, what if OpenAI was using Content from Services other than the API for purposes other than "to develop and improve our Services" (assuming anyone could prove what thet even means). How would anyone outside of OpenAI discover this was happening?
If we search these "ToS" for phrases like "You will" or "You will not", we will see that users make promises to OpenAI. However if we search for phrases like "We will" or "We wil not", we see that there are no instances where OpenAI promises anything. IMHO, these "ToS" seem to be "ToU". Not to mention being found at "/policies/".
As a ChatGPT user, OpenAI does not owe you anything, unless perhaps you are Microsoft.
Let's imagine some far-fetched scenario where someone inside the company leaks information that suggests OpenAI is using Content from Services other than the API for purposes other than "improving or developing the Services". Then what?
OpenAI has not promised to refrain from using Content for certain purposes. There is no breach of these ToS if OpenAI uses the Content for whatever purpose it desires.
Maybe Samsung could claim something like (a) OpenAI misrepesented facts in their ToS, (b) that induced Samsung into using OpenAI, and (c) as a result damages to Samsung were incurred. Needless to say, that is a difficult-to-prove accusation. Whatever creative legal claims Samsung could could up with, none of them would fix damage already done to Samsung from its employees having used OpenAI.