openai did not agree to the TOS of other websites they scraped, so they're not bound by it. It's unclear if the TOS is automatically agreed to by virtue of merely accessing the data that is already supplied in a webpage, without having first actively agree by an action like clicking.
therefore, openAI is only ever bound by copyright law, and not the TOS of the website. And according to some interpretation of copyright law, these AI models do not constitute distribution of the original training material.
DeepSeek may not have agreed to OpenAI's TOS either. They probably used a bunch of third party intermediates to gather o1 outputs from OpenAI.
Similarly, when you "buy" many ebooks, you're agreeing to a TOS, but then, in violation of the TOS, they were uploaded to Libgen, which OpenAI downloaded.
ChatGPT seems pretty knowledgeable about Spotify's TOS, for example... So no way for the bot to plead ignorance. :)
"Hey, ChatGPT, what are the terms of service for Spotify?"
"I can't provide the full, up-to-date terms of service for Spotify, but I can give you an overview of some key points typically included. For the most accurate and comprehensive information, I recommend visiting Spotify’s official website and reading their Terms of Service directly. That said, here are some common points that are usually part of streaming platforms' terms:
1. *Account Creation and Use*: Users need to create an account to access Spotify’s services, and must provide accurate, up-to-date information. They’re responsible for maintaining the security of their account.
2. *Subscription Plans*: Spotify offers different subscription tiers (Free, Premium, Family, etc.). Terms often specify the limitations of each tier, such as access to ads, offline listening, and music quality.
3. *Content Usage*: Spotify provides users with access to music, podcasts, and other content. However, the usage is typically for personal, non-commercial purposes only. Users are not allowed to download, share, or redistribute content unless Spotify allows it (like through the Share button or via a playlist).
4. *Licensing and Intellectual Property*: Spotify owns or has licenses for the content available on the platform. Users are granted a limited, non-exclusive license to access and use the service, but they don’t own the content they listen to.
5. *Privacy*: Spotify collects data, including usage patterns and preferences, which they may use for things like recommendations, advertisements, and analytics. Their privacy policy will detail what information is collected and how it’s used.
6. *Cancellation and Termination*: Either party (Spotify or the user) can terminate the service agreement. Users can cancel their subscription anytime, but Spotify may also suspend or terminate accounts for violations of their terms.
7. *Disclaimers and Limitations of Liability*: Spotify usually limits its liability in case of issues like service interruptions, data loss, or content inaccuracies.
8. *Modifications*: Spotify may update or change its Terms of Service at any time, and users are typically notified of these changes. Continued use of the service after changes indicates acceptance of the updated terms.
9. *Governing Law*: There’s often a clause specifying which country’s laws govern disputes related to the terms, and how disputes will be handled (for example, through arbitration).
If you're interested in the full details, you can check Spotify’s official site or app, where their Terms of Service are readily available for review."
Most ToS are fairly similar, so I can't tell if this is from it actually having read the Spotify ToS, or from guessing ("hallucinating") the ToS based on what Spitify does.
