Legal question : while openai gpt outputs cannot be used for training a commercial model, if someone reworded / rephrased them using another open src model, would it then be okay to use it to train a commercial model?
I question if OpenAI can legally enforce their TOS regarding creating commercial models using their outputs. According to the FTC memo, AI-generated content cannot be copyrighted. Perhaps the worst that can happen is a banned account.
OpenAI explicitly disclaims ownership interest in the model outputs. A user who both generates outputs from OpenAI AND uses it to train a “foundational” model that competes with OpenAI could owe contract damages. Other parties? I simply don’t see it.