Comment by romellem
6 hours ago
Opinion by Katsas and Rao. For those that don’t follow this regularly, those are two of the biggest Trump hacks on the bench.
I suspect this will be reversed en banc.
Anthropic’s argument is really clear and easy to understand: we can’t simultaneously be a supply chain risk and also be a company the DoD demands we change our policies so they can use our models without restrictions.
Anthropic's policies are literally the supply chain risk.
The DoD could have used the same authority to seize the technology if it wanted to. Especially in a time of war. DoD has instead chosen to respect Antrhopic's boundaries and has simply barred anyone in the agency from buying a product that comes with strings attached.
This is 100% on Anthropic for product:market fit failure.
Am I misunderstanding this entire ordeal, or are Anthropic's policies not precisely what the DOD agreed to in its initial contract with Anthropic? Did the DOD not then seek to change the contract terms, to which Anthropic refused?
If I sell the DOD a service with contracted terms X/Y/Z, the DOD agrees, then later asks me to drop Z, and I refuse, how would that warrant the legal definition of a supply chain risk? How is the appropriate response for the DOD not to simply find another service provider?
You've misinterpreted the situation so severely.
The DoW tried to change a contract they had signed. Anthropic refused. That doesn't make them a supply chain risk (the wording of which implies "likely to sabotage" the government).
Yeah, the DoD read the clickwrapped contract. GTFO
Yeah, this is like a textbook bad draw for Anthropic. Unless you're a lawyer for Anthropic, I wouldn't give this ruling much weight at all.