> (e) use Output (as defined below) to develop any artificial intelligence models that compete with our products and services. However, you can use Output to (i) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of our Services;
Depending on what kind of model they trained, they might be breaking these terms.
Right but the condition is for "models that compete with our products and service". Can you really argue that this niche app competes with OpenAI's products? Couldn't you make an argument that this only applies to products and services that directly compete with OpenAI, i.e. other LLM API's or a ChatGPT competitor such as a Claude or Bart?
The person who created it is using it as a direct replacement to paying OpenAI. They probably won’t consider pursuing this small individual, but if a big enough company did it, they’d probably have a problem with that.
A direct replacement is still different than a “competing product” which implies is sold to customers. His product (the app) doesn’t compete with OpenAI. I guess a lawyer would need to chime in
> (e) use Output (as defined below) to develop any artificial intelligence models that compete with our products and services. However, you can use Output to (i) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of our Services;
Depending on what kind of model they trained, they might be breaking these terms.