Comment by mrandish

> preemptively protecting themselves from potential lawsuits ... for offering the means to reverse-engineer their software.

I think the legal concern isn't so much the act of reverse engineering itself which is mostly legal (except RE specifically to remove anti-copying protection under DMCA), it's that damages from contributory infringement are theoretically unbounded because it's up to $150k per work and $2,500 per download. When the client is worth billions, corporate counsel is going to default maximally conservative, which is extra tragic because secondary infringement almost certainly doesn't apply to AI in this context. Meanwhile, overreacting to this extremely unlikely threat IS causing significant disruption to innocent activities.

Under copyright law secondary infringement doesn't apply to "general purpose technology". It requires "encouraging or knowing in advance it'll be used for infringement," set in the early 80s in the Sony BetaMax case. Under DMCA it requires being "primary designed to circumvent access controls," set in the late 90s by Hollywood lobbyists targeting DeCSS for DVDs. Lawyers today are only defaulting to prohibition because there hasn't yet been a case ruling AI is a general purpose technology. Yet it's obviously the most 'general purpose' tech since, maybe.... the wheel?

OAI / ANT management needs to revisit the secondary copyright infringement prohibition because it's hurting not only their product and brand but also the entire AI value prop. A helpful intelligent agent that randomly goes AWOL for irrationally mistaken reasons is a serious product issue. While mistaken concerns around bioweapons and IT security are understandable, dropping secondary copyright infringement prohibitions seems like an easy win.

The real liability to OAI/Ant is much smaller than it appears, while the long-term downsides are larger than they look. Pragmatically, copyright trolls are just a nuisance, the real threat is someone with deep pockets like Nintendo/Sony, but those guys don't want to sue anyone who might go to court. The last thing they want is a clear ruling that AI is general purpose which would forever remove their vague threat.