"We do not use Content that you provide to or receive from our API ("API Content") to develop or improve our Services."
That sentence does not claim OpenAI does not use such Content for other purposes besides "developing and improving the Services". For example, using the Content in a manner that potentially harms Samsung's business.
What does "develop or improve our Services" even mean? There is no definition.
Third, how would anyone outside of OpenAI know how OpenAI uses the Content. For example, what if OpenAI was using Content from Services other than the API for purposes other than "to develop and improve our Services" (assuming anyone could prove what thet even means). How would anyone outside of OpenAI discover this was happening?
If we search these "ToS" for phrases like "You will" or "You will not", we see that users make promises to OpenAI. However if we search for phrases like "We will" or "We wil not", we see that there are no instances where OpenAI promises anything. IMHO, these "ToS" are better characterised as "ToU". Not to mention being found at "/policies/".
As a ChatGPT user, OpenAI does not owe you anything, unless perhaps you are Microsoft. For you, the "terms" can change at any time, for any reason, without any prior notice.
Let's imagine some far-fetched scenario where someone inside the company leaks information that suggests OpenAI is using Content from Services other than the API for purposes other than "improving or developing the Services". Then what?
OpenAI has not promised to refrain from using Content for certain purposes. There is no breach of these ToS if OpenAI uses the Content for whatever purposes it desires.
Maybe Samsung could claim something like (a) OpenAI misrepesented facts in their ToS, (b) that induced Samsung into using OpenAI, and (c) as a result Samsung suffered harm. Needless to say, claims like that are difficult to prove and any recovery is limited. Whatever creative legal claims Samsung could could up with, none of them would fix damage already done to Samsung from its employees having used OpenAI.
>These Terms of Use apply when you use the services of OpenAI, L.L.C. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”).
Though, they don't define "developing and improving".
That sentence does not claim OpenAI does not use such Content for other purposes besides "developing and improving the Services". For example, using the Content in a manner that potentially harms Samsung's business.
What does "develop or improve our Services" even mean? There is no definition.
Third, how would anyone outside of OpenAI know how OpenAI uses the Content. For example, what if OpenAI was using Content from Services other than the API for purposes other than "to develop and improve our Services" (assuming anyone could prove what thet even means). How would anyone outside of OpenAI discover this was happening?
If we search these "ToS" for phrases like "You will" or "You will not", we see that users make promises to OpenAI. However if we search for phrases like "We will" or "We wil not", we see that there are no instances where OpenAI promises anything. IMHO, these "ToS" are better characterised as "ToU". Not to mention being found at "/policies/".
As a ChatGPT user, OpenAI does not owe you anything, unless perhaps you are Microsoft. For you, the "terms" can change at any time, for any reason, without any prior notice.
Let's imagine some far-fetched scenario where someone inside the company leaks information that suggests OpenAI is using Content from Services other than the API for purposes other than "improving or developing the Services". Then what?
OpenAI has not promised to refrain from using Content for certain purposes. There is no breach of these ToS if OpenAI uses the Content for whatever purposes it desires.
Maybe Samsung could claim something like (a) OpenAI misrepesented facts in their ToS, (b) that induced Samsung into using OpenAI, and (c) as a result Samsung suffered harm. Needless to say, claims like that are difficult to prove and any recovery is limited. Whatever creative legal claims Samsung could could up with, none of them would fix damage already done to Samsung from its employees having used OpenAI.