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HPR3983: ChatGPT Output is not compatible with CC-BY-SA

Hosted by Ken Fallon on 2023-11-08 00:00:00
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When uploading to HPR you are You are agreeing to license your show CC-BY-SA.

All our shows are now released under a Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license, which means that while you continue to retain the copyright to your show, you are allowing us (and everyone else) to use it provided we give you attribution and that we release it under the same license. Click the link for more information.

The Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license itself says that sharing (the S in CC-BY-SA), allows you to "copy and redistribute the material in any medium or format for any purpose, even commercially".

On the face of it the OpenAI ChatGPT Terms of use seem similar, with Section 3 saying "you can use Content for any purpose, including commercial purposes". Unfortunately they then go on to say "Subject to your compliance with these Terms":

      3. Content

      (a) Your Content. You may provide input to the Services (“Input”), and
      receive output generated and returned by the Services based on the Input
      (“Output”). Input and Output are collectively “Content.” As between the
      parties and to the extent permitted by applicable law, you own all
      Input. Subject to your compliance with these Terms, OpenAI hereby
      assigns to you all its right, title and interest in and to Output. This
      means you can use Content for any purpose, including commercial purposes
      such as sale or publication, if you comply with these Terms. OpenAI may
      use Content to provide and maintain the Services, comply with applicable
      law, and enforce our policies. You are responsible for Content,
      including for ensuring that it does not violate any applicable law or
      these Terms.

The same document lists some restrictions...

      2. Usage Requirements

      (c) Restrictions. You may not (i) use the Services in a way that
      infringes, misappropriates or violates any person’s rights; (ii) reverse
      assemble, reverse compile, decompile, translate or otherwise attempt to
      discover the source code or underlying components of models, algorithms,
      and systems of the Services (except to the extent such restrictions are
      contrary to applicable law); (iii) use output from the Services to
      develop models that compete with OpenAI;

... while the Usage policies list more.

So in my opinion, and I am not a lawyer (IANAL) the OpenAI ChatGPT Terms of use is not compatible with the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license.

You can of course refer to ChatGPT as you would any other non Creative Commons site.

If you disagree or would like to weigh in please discuss this on the mail list.

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