TikTok’s parent company, ByteDance, has been secretly using OpenAI’s technology to develop its own competing large language model (LLM). “This practice is generally considered a faux pas in the AI world,” writes The Verge’s Alex Heath. “It’s also in direct violation of OpenAI’s terms of service, which state that its model output can’t be used ‘to develop any artificial intelligence models that compete with our products and services.’”
The issue is that what they are doing there is blatantly anticompetitive.
https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/single-firm-conduct/refusal-deal
Sorry for the late reply, but this doesn’t really seem like it’d come close to invoking any of the US’s neutered antitrust enforcement. Open AI doesn’t have a monopoly position to abuse, since there are other large firms offering LLMs that see reasonable amounts of usage. This clause amounts more to an effort to stop reverse engineering than stifle anyone trying to build an LLM.
I doubt if it is clear-cut enough to bring down enforcement in any case. However, that does not mean that the clause is enforceable.
It is easy to circumvent such a ban. Eventually, the only option that MS has is suing. Then what?