IANAL but it seems to me that OpenAI wouldn’t be able to claim their outputs are IP since they are AI-generated. It may be against their TOS, meaning OpenAI could refuse to provide service to DeepSeek in the future, but they can’t really sue them.
[1]: https://www.reuters.com/legal/ai-generated-art-cannot-receiv...
I don't think OpenAI should be able to make any claims of IP for the AI generated outputs, since they based that on other work, partially copyrighted work, which they hide. They simply throw algorithms at data that is not their data to begin with.
If I steal something, keep the exact thing I stole hidden, and sell a product, that I could only have made, based on the stolen thing, how can I expect that to be even legal, let alone untouchable IP?
I think way too many people have seen too many dollar signs in front of their eyes. The whole thing is outrageous. If they were transparently proving, that they are using open data sets, adhering to licenses, then they would get to claim IP.
Well, they can argue that, if they're fine with being hypocrites.
They're hypocrites.
But DeepSeek didn't use that presumably (since it's secret). They definitely can't argue that using copyrighted material for training is fine, but using output from other commercial models isn't. That's too inconsistent.