[wesleychen]

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.

[throwaway1851]

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.