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Memory-Guided Trust-Region Bayesian Optimization (MG-TuRBO) for High Dimensions EngageTriBoost: Predictive Modeling of User Engagement in Digital Mental Health Intervention Using Explainable Machine Learning Reservoir observer enhanced with residual calibration and attention mechanism Efficient RL Training for LLMs with Experience Replay Wireless Communication Enhanced Value Decomposition for Multi-Agent Reinforcement Learning Adversarial Sensor Errors for Safe and Robust Wind Turbine Fleet Control IKKA: Inversion Classification via Critical Anomalies for Robust Visual Servoing Adaptive Simulation Experiment for LLM Policy Optimization EvoLen: Evolution-Guided Tokenization for DNA Language Model Smartwatch-Based Sitting Time Estimation in Real-World Office Settings Structural Evaluation Metrics for SVG Generation via Leave-One-Out Analysis Loom: A Scalable Analytical Neural Computer Architecture Spectral Geometry of LoRA Adapters Encodes Training Objective and Predicts Harmful Compliance Finite-Sample Analysis of Nonlinear Independent Component Analysis:Sample Complexity and Identifiability Bounds How does Chain of Thought decompose complex tasks? Uncertainty-Aware Transformers: Conformal Prediction for Language Models Adaptive Candidate Point Thompson Sampling for High-Dimensional Bayesian Optimization Using Synthetic Data for Machine Learning-based Childhood Vaccination Prediction in Narok, Kenya Delve into the Applicability of Advanced Optimizers for Multi-Task Learning Bridging SFT and RL: Dynamic Policy Optimization for Robust Reasoning Multi-Agent Decision-Focused Learning via Value-Aware Sequential Communication Predictive Entropy Links Calibration and Paraphrase Sensitivity in Medical Vision-Language Models Efficient Hierarchical Implicit Flow Q-learning for Offline Goal-conditioned Reinforcement Learning Modality-Aware Zero-Shot Pruning and Sparse Attention for Efficient Multimodal Edge Inference The nextAI Solution to the NeurIPS 2023 LLM Efficiency Challenge Feature-Label Modal Alignment for Robust Partial Multi-Label Learning Integrated electro-optic attention nonlinearities for transformers Toward World Models for Epidemiology Tracing the Chain: Deep Learning for Stepping-Stone Intrusion Detection Batch Distillation Data for Developing Machine Learning Anomaly Detection Methods
The Mirage of Artificial Intelligence Terms of Use Restri...
Peter Henderson, Mark A. Lemley · 2024-12-10 · via cs.LG updates on arXiv.org

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. But are these terms truly meaningful? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions on platforms, no model creator has actually tried to enforce these terms with monetary penalties or injunctive relief. This is likely for good reason: we think that the legal enforceability of these licenses is questionable. This Article systematically assesses of the enforceability of AI model terms of use and offers three contributions. First, we pinpoint a key problem: the artifacts that they protect, namely model weights and model outputs, are largely not copyrightable, making it unclear whether there is even anything to be licensed. Second, we examine the problems this creates for other enforcement. Recent doctrinal trends in copyright preemption may further undermine state-law claims, while other legal frameworks like the DMCA and CFAA offer limited recourse. Anti-competitive provisions likely fare even worse than responsible use provisions. Third, we provide recommendations to policymakers. There are compelling reasons for many provisions to be unenforceable: they chill good faith research, constrain competition, and create quasi-copyright ownership where none should exist. There are, of course, downsides: model creators have fewer tools to prevent harmful misuse. But we think the better approach is for statutory provisions, not private fiat, to distinguish between good and bad uses of AI, restricting the latter.