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OpenAI being Sued for "Stealing" Peoples Content Online
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The issue becomes the sale/profit of selling access, such as with GPT-4 right now. Indexing/archiving and selling are two very different beasts.
interesting lines to walk, depends on what they are selling, there is a definte cost to running a model and you are allowed to charge a reasonable fee to handle the process of providing the records. we used to pay per page for this kind of thing, now you pay per token
they can also sell a lot of services and tools around the model while still not using it in a non-infringing manner. this will all end up in front a of a judge, with the books laid out i suspect. I am not sure we will ever see any of the details, i hope we do.