For those using ChatGPT, if anything you post is used in a lawsuit against OpenAI, OpenAI can send you the bill for the court case (attorney fees and such) whether OpenAI wins or loses.
Examples:
-
A defamation case by an Australian mayor because ChatGPT incorrectly stated that he had served prison time for bribery: https://www.reuters.com/technology/australian-mayor-readies-worlds-first-defamation-lawsuit-over-chatgpt-content-2023-04-05/
-
OpenAI sued for defamation after ChatGPT fabricates legal accusations against radio host: https://www.theverge.com/2023/6/9/23755057/openai-chatgpt-false-information-defamation-lawsuit
-
Sarah Silverman sues OpenAI for copyright infringement: https://lemmy.ml/post/1905056
Attorney talking about their ToS (same link as post link): https://youtu.be/fOTuIhOWFXU?t=268
https://openai.com/policies/terms-of-use 7. Indemnification; Disclaimer of Warranties; Limitations on Liability (a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
Let’s assume I post a screenshot of a ChatGPT session on social media, and OpenAI sues me for the content.
Don’t they have to prove first that it actually is such a screenshot, and not a fake? It’s even easier with copied text.
Somehow this rings strangely similar to copyright cases against OpenAI, now with reversed roles. Who owns the authorship, how can we tell?
Let’s assume I post a screenshot of a ChatGPT session on social media, and OpenAI sues me for the content.
That hypothetical doesn’t have much to do with this indemnification clause. OpenAI wouldn’t be the one filing a lawsuit against you. They are the ones being sued by someone else who saw the screenshot you posted.
OpenAI would just send you the bill once the case has been settled (because according to the ToS you agreed to defend them from lawsuits related to your use of ChatGPT).
Don’t they have to prove first that it actually is such a screenshot, and not a fake?
Yes, and during the whole process the prosecutor will force OpenAI to search through their logs/databases and turn over any evidence related to the case. It probably wouldn’t take long since the screenshot would probably include the prompt from the User and they would just have to search for that.
Somehow this rings strangely similar to copyright cases against OpenAI, now with reversed roles. Who owns the authorship, how can we tell?
So far the courts have ruled that AI can’t claim copyright to anything. The “prompter” could claim the copyright but they would also have to alter the output in some way to make it their own (at least as far as AI art is concerned, I assume it would be similar for copyright on text).
I suppose the argument is, don’t post content which you are not prepared to take responsibility for. Which is the case with any content posted on social media, regardless of who, or what, generated it.
If I get chatGPT to make inflammatory comments, I’m still responsible for those comments if I choose to post them publicly. I can hardly stand behind the fig leaf of “oh I don’t believe those things only the AI believes those things”. It was still me that chose post the content publicly. Anyway the law does not recognise artificial intelligence systems as having independent agency, so the responsibility is still on the operator.
c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This is section 7c in their TOS. I watched the video but still confused.
Does this essentially set a cap of max(user paid, 100) that OpenAI has to pay to users if there’s any damage?
Or is that the cap that users pay to OpenAI when there’s a lawsuit against OpenAI and their lawyers send users the bill?
This guy needs to learn how to do YouTube. No graphics. No timestamps. He just talks at the camera.
Sarah Silverman sues OpenAl for copyright infringement: https://lemmy. ml/post/1905056
How is this applicable? A copyright lawsuit isn’t bound by the TOS or any other document produced by the infringer. If this were the case, I could just write my own get out of jail free cards.
Hypothetical on this one, if the reason they decided to look into this was because they saw someone’s post on social media about ChatGPT being able to reproduce parts of some copyrighted work, ChatGPT could bill the user for publishing that info.
It doesn’t even have to be the sole reason for them to look into it. Technically they could bill anyone who posted content if that content wound up being used as evidence against OpenAI in any way (as I understand it, that’s where the “relating to your use of the Services” part could be used).
But if I have misunderstood something about this hypothetical, please feel free to correct me.
