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You Need to Read the Terms of Service for OpenAI and ChatGPT (youtu.be)

submitted 1 year ago by QuadratureSurfer@lemmy.world to c/technology@lemmy.world

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For those using ChatGPT, if anything you post is used in a lawsuit against OpenAI, OpenAI can send you the bill for the court case (attorney fees and such) whether OpenAI wins or loses.

Examples:

A defamation case by an Australian mayor because ChatGPT incorrectly stated that he had served prison time for bribery: https://www.reuters.com/technology/australian-mayor-readies-worlds-first-defamation-lawsuit-over-chatgpt-content-2023-04-05/
OpenAI sued for defamation after ChatGPT fabricates legal accusations against radio host: https://www.theverge.com/2023/6/9/23755057/openai-chatgpt-false-information-defamation-lawsuit
Sarah Silverman sues OpenAI for copyright infringement: https://lemmy.ml/post/1905056

Attorney talking about their ToS (same link as post link): https://youtu.be/fOTuIhOWFXU?t=268

https://openai.com/policies/terms-of-use 7. Indemnification; Disclaimer of Warranties; Limitations on Liability (a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

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[–] inspxtr@lemmy.world 2 points 1 year ago (1 children)

c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

This is section 7c in their TOS. I watched the video but still confused.

Does this essentially set a cap of max(user paid, 100) that OpenAI has to pay to users if there's any damage?

Or is that the cap that users pay to OpenAI when there's a lawsuit against OpenAI and their lawyers send users the bill?

[–] Restaldt@lemmy.world 3 points 1 year ago

Well you see

They can write whatever the fuck they want in those terms and it might look legally binding

And it may well be until someone challenges it