I'm assuming the users of Gpt4free haven't signed up to OpenAI's terms and conditions, even if they do contain language prohibiting use of these private APIs. A corporation can't unilaterally impose their TOS on the entire population (or, at least, one would hope they can't).
In that case though, let's say OpenAI decided to enforce their Terms of Use by potentially suing. The defendant would likely have to show, whether he likes it or not, that he never once signed up for ChatGPT, never once signed up for the official OpenAI API, and managed to perfectly reverse-engineer the API from the outside. Seems unlikely to me.
But then of course... CFAA and DMCA. The DMCA in particular, for example, doesn't consider the strength of the lock in the criminality. DVDs can be cracked with 7 lines of Perl since 2001, but it's still a DMCA violation.
> The defendant would likely have to show, whether he likes it or not, that he never once signed up for ChatGPT, never once signed up for the official OpenAI API, and managed to perfectly reverse-engineer the API from the outside.
These aren’t reverse engineering the OpenAI API, they are reverse engineering the APIs of public services that in turn call the OpenAI API.
I’m not sure under what theory OpenAI would even sue.
> But then of course... CFAA and DMCA. The DMCA in particular, for example, doesn't consider the strength of the lock in the criminality.
The DMCA only applies to technology addressing copyrights, and CFAA seems inapplicable to consuming the backend APIs used by publicly accessible services because that’s just use of authorized access by a different manner, outside of CFAA scope under the Van Buren precedent.
