> Personal data we collect or receive to train our models
> • Data that our users or crowd workers provide, including Inputs and Outputs from our Services (unless users opt out)
> • Feedback that users explicitly provide about our Services
> • Materials flagged for safety, security, or policy review
While I don’t have visibility into individual corp contracts, hitting tab on a FIM is ‘feedback’, so it is not so clear cut.
Second: My argument doesn't hinge on Anthropic not being able to weasel their way out in court if it came to that. My argument is that neither Anthropic nor OpenAI are going to break their signed contracts or even fudge on the clearly communicated understandings of what the terms of the API pricing are because neither one wants to hand the other the obvious weapon of: "unlike {other guys} we honor our word".
It's just not happening, and comparisons upthread to the fair use story totally misunderstand the incentives at play here.
(And as an aside, this whole thread also shows clearly the classic programmer misunderstanding of the law. The peanut butter sandwich instructions analogy is for code, not for the law. The law doesn't actually work by allowing any possible interpretation to hold equal weight the way that many programmers think it does.)
Is that so? Recent rulings in the US specifically gave me the impression that when backed by sufficient legal representation and goodwill on the judging side indeed any possible interpretation will suffice.
I think that's what makes law making complicated - you either err on the side of leaving too much room for interpretation or not enough.
It's simple mental calisthenics. If you are handing an organization whose entire business model is built on stealing data with spurious reasoning, what do you actually expect they will do? Don't be a fool.