if they can get away with it (say by claiming it's "fair use"), they'll ignore corporate ones too
it's an incentive to pretend as if you're following the contract, which is not the same thing
despite all 3 branches of the government disagreeing with them over and over again
For example, in RL, you have a train set, and a test set, which the model never sees, but is used to validate it - why not put proprietary data in the test set?
I'm pretty sure 99% of ML engineers would say this would constitute training on your data, but this is an argument you could drag out in courts forever.
Or alternatively - it's easier to ask for forgiveness than permission.
I've recently had an apocalyptic vision, that one day we'll wake up, an find that AI companies have produced an AI copy of every piece of software in existence - AI Windows, AI Office, AI Photoshop etc.
There may very well be clever techniques that don't require directly training on the users' data. Perhaps generating a parallel paraphrased corpus as they serve user queries - one which they CAN train on legally.
The amount of value unlocked by stealing practically ~everyone's lunch makes me not want to put that past anyone who's capable of implementing such a technology.
Also I wonder if the ToS covers "queries & interaction" vs "uploaded data" - I could imagine some tricky language in there that says we wont use your word document, but we may at some time use the queries you put against it, not as raw corpus but as a second layer examining what tools/workflows to expand/exploit.
There’s a range of ways to lie by omission, here, and the major players have established a reputation for being willing to take an expansive view of their legal rights.