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Comment by Teknoman117

1 day ago

I just wish there was a stronger source on this. I am inclined to agree you and the source you cited, but unfortunately

> [1] This story requires some reading between the lines - the exact text of the contract isn’t available - but something like it is suggested by the way both sides have been presenting the negotiations.

I deal with far too many people who won't believe me without 10 bullet-proof sources but get very angry with me if I won't take their word without a source :(

That's a fair point, but I think Dario's quote in GP corroborates ACX's story quite well:

> "Two such use cases have never been included in our contracts with the Department of War..."

  • > "Two such use cases have never been included in our contracts with the Department of War..."

    While I agree with Anthropic's position on this regardless, the original contract wording does matter in terms of making either the government look even more unreasonable or Anthropic look a little less reasonable.

    The issue is a subtle ambiguity in Dario's statement: "...have never been included in our contracts" because it leaves two possibilities: 1. those two conditions were explicitly mentioned and disallowed in the contract, or 2. they weren't in the contract itself - and are disallowed by Anthropic's Terms of Service and complying with the ToS is a condition in the contract (which would be typical).

    If that's the case, then it matters if the ToS disallowed those two uses at the time the original contract was signed, or if the ToS was revised since signing. Anthropic is still 100% in the right if the ToS disallowed these uses at the time of signing and the ToS was an explicit condition of the contract, since contracts often loop in the ToS as a condition while not precluding the ToS being updated.

    However, if the ToS was updated after contract signing and Anthropic added or expanded the wording of those two provisions, then the DoD, IMHO, has a tiny shred of justification to complain and stop using Anthropic. Of course, going much further and banning the entire US government (and contractors) from using Anthropic for any use, including all the ones where these two provisions don't matter - is egregiously punitive and shitty.

    While the contract wording itself may be subject to NDA, it would be helpful if Anthropic's statements could be a bit more precise. For example, if Dario had said "have always been disallowed in our contracts" this ambiguity wouldn't exist.

    • I'm in a weird spot where I do agree with your assessment of the core claim. But putting that aside, in the world where the DoW's claim _is_ correct -- I think you don't have any choice other than to designate them a supply chain risk.

      Disregarding who is right or wrong for a moment, if the DoW are right (which I'm not personally inclined to believe, but we're ignoring that for the moment) -- how else can they avoid secondhand Claude poisoning?

      Supposing they really want to use their software for things disallowed by Claude's (now or future) ToS, it seems like designating it a supply chain risk is the only way they can ensure that their contractors don't include Claude (either indirectly as a wrapper or tertially through use of generated code etc)

      6 replies →

    • It does not matter. If Anthropic had been precise in this narrow way, there would have been some other nitpick to raise.

      You're trying desperately to find a way that things can be at least a little normal, and I really do get it. It would be great if such a way existed. But it doesn't. I recommend you take a social media break like I'm about to, take the time you need to mourn the era of normal politics, and come back with a full understanding that the US government is not pursuing normal policy objectives with bad decisions. They hate you and they hate me for not being on their side, and their primary goal is to ensure that we're as miserable as they can make us.

  • Also, Trump's own words complaining about being forced to stick to Anthropic's terms of service:

    > The Leftwing nut jobs at Anthropic have made a DISASTROUS MISTAKE trying to STRONG-ARM the Department of War, and force them to obey their Terms of Service instead of our Constitution.

    • His M.O. is to accuse his opponent of the very thing he is doing. It’s the party of bad-faith.

  • [flagged]

    • In this case, do you really believe that we should trust an EA less than this administration? EA as bad people is a stereotype; corruption, fraud, and breaking the law is the standard MO for this administration.

      (Or maybe it’s catchier to respond glibly with “never trust a child rapist and convicted felon.”)

      2 replies →

This administration needs the benefit of the doubt always. This administration deserves the benefit of the doubt never.

I think a big question mark here, is whether anything said on Anthropic's side if in the framing of "We have a thing going on that we are trying to communicate around where a canary notice if it existed would no longer be updated"

Those people are dealing with you in bad faith, and you need to cut them off before they try to overthrow your government again.

  • Yeah, that should have been in the contract too -- no using our software to overthrow the government or to implement a fascist state.