The following question and answer is not fiction.
Question: who is liable if AI violates the ToS of a website?
AI ToS Liability
If an AI violates a website's terms of service (ToS), the liability typically depends on the actions and roles of the parties involved. According to the legal landscape discussed in the provided context, the primary parties that could be held liable include the creator of the training dataset, the model trainer, and the party deploying the application that incorporates the generative model.
Creator of the Training Dataset: This party might be directly liable for unauthorized copies of copyrighted works included in the dataset. They could also be indirectly liable if they contribute data to a model knowing that it will be used for infringement (such as producing memorized outputs).
Model Trainer: The trainer might be directly liable for the model itself as an unauthorized copy or derivative work of its training data. They could also be indirectly liable for the model’s infringing outputs if they fail to take steps to reduce the likelihood of model memorization, such as prompt modifiers or output filters.
Party Deploying the Model: This party could be indirectly liable for infringing model outputs if they do not adjust any parameters or establish guardrails to avoid copyright violations. However, if they advertise or encourage infringing uses of the model, they could be directly liable for those generations.
It is important to note that violating a website's ToS is generally not a criminal act, as affirmed by the Ninth Circuit in a previous ruling.
However, individual websites can still pursue other claims against violators and may deny services to those who violate their terms.
In summary, the liability for AI violating a website's ToS can extend to the creator of the training dataset, the model trainer, and the party deploying the application, depending on their specific roles and actions.
Mike Dilger ☑️ /
npub1ac…9p35c
2025-06-07 02:11:50
in reply to nevent1q…rtvx
Author Public Key
npub1acg6thl5psv62405rljzkj8spesceyfz2c32udakc2ak0dmvfeyse9p35cPublished at
2025-06-07 02:11:50Event JSON
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"content": "The following question and answer is not fiction.\n\nQuestion: who is liable if AI violates the ToS of a website?\n\n\nAI ToS Liability\n\nIf an AI violates a website's terms of service (ToS), the liability typically depends on the actions and roles of the parties involved. According to the legal landscape discussed in the provided context, the primary parties that could be held liable include the creator of the training dataset, the model trainer, and the party deploying the application that incorporates the generative model.\n\n Creator of the Training Dataset: This party might be directly liable for unauthorized copies of copyrighted works included in the dataset. They could also be indirectly liable if they contribute data to a model knowing that it will be used for infringement (such as producing memorized outputs).\n\nModel Trainer: The trainer might be directly liable for the model itself as an unauthorized copy or derivative work of its training data. They could also be indirectly liable for the model’s infringing outputs if they fail to take steps to reduce the likelihood of model memorization, such as prompt modifiers or output filters.\n\nParty Deploying the Model: This party could be indirectly liable for infringing model outputs if they do not adjust any parameters or establish guardrails to avoid copyright violations. However, if they advertise or encourage infringing uses of the model, they could be directly liable for those generations.\n\nIt is important to note that violating a website's ToS is generally not a criminal act, as affirmed by the Ninth Circuit in a previous ruling.\n\nHowever, individual websites can still pursue other claims against violators and may deny services to those who violate their terms.\n\nIn summary, the liability for AI violating a website's ToS can extend to the creator of the training dataset, the model trainer, and the party deploying the application, depending on their specific roles and actions.",
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