united-states
Can OpenAI enforce their T&amp;Cs requiring attribution for ChatGPT generated content?
<p>OpenAI has the following clause in <a href="https://openai.com/api/policies/sharing-publication/" rel="nofollow noreferrer">their T&amp;Cs</a>:</p>
<blockquote>
<p>Creators who wish to publish their first-party written content (e.g.,
a book, compendium of short stories) created in part with the OpenAI
API are permitted to do so under the following conditions:</p>
<ul>
<li>The published content is attributed to your name or company.</li>
<li>The role of AI in formulating the content is clearly disclosed in a way that no reader could possibly miss, and that a typical reader
would find sufficiently easy to understand.</li>
<li>Topics of the content do not violate OpenAI’s Content Policy or Terms of Use, e.g., are not related to political campaigns, adult
content, spam, hateful content, content that incites violence, or
other uses that may cause social harm.</li>
<li>We kindly ask that you refrain from sharing outputs that may offend others.</li>
</ul>
</blockquote>
<p>Would OpenAI have any legal recourse against someone who violates these T&amp;Cs? As per my understanding, machine-generated texts <a href="https://www.smithsonianmag.com/smart-news/us-copyright-office-rules-ai-art-cant-be-copyrighted-180979808/" rel="nofollow noreferrer">are not copyrightable</a>, so OpenAI won't be able to sue you for a copyright violation. They obviously could shutdown your account but would they have any means to enforce their attribution rules via the legal system?</p>

<h2>Yes</h2>
<p>The terms of service are a contract. The primary remedy for a breach of contract are a suit for damages. If your breach damages OpenAI in a quantifiable way (including reputational damage), you can be sued.</p>
