rgbrenner
11 hours ago
Anthropic already banned xAI for very similar ToS violations earlier this year: https://x.com/kyliebytes/status/2009686466746822731?s=46
So this is OpenAI following suit after Musk admitted to distilling their models.
This was bound to happen once Cursor decided to sell itself to a competing model provider.
It'll be interesting to see if Anthropic applies their ban to Cursor, or if that datacenter deal they signed with Musk changes anything.
cornholio
7 hours ago
It's ironic how AI companies are re-inventing their own form of privately enforced copyright, lobby the government to ban foreign competitors that don't respect it etc., all while spending the last 5 years fighting tooth and nail against the copyright of the training material they're using.
If you can take any book and turn it into a model, because it's "transformative enough", and "AI learns just like a person does", then surely a model distilling another model is transformative and fair use.
They tied themselves into knots fighting the letter of the law, and now, when they need the spirit of the law - that each creator deserves protection for their work - now we devolve to the law of the jungle. Maybe we'll even see LLM book curses, the way medieval scribes damned book thieves to blindness and worms.
WiSaGaN
5 hours ago
It's one of the things you need to do if you want your company to later become the only company in the world. They also promised that they would treat you nicely afterwards after they get what they want.
germandiago
7 hours ago
I am pretty sure that the goal of these companies at the end is ruling more than what governments can.
Just look at the pattern... they collude, they provide to them whatever is needed, and at some point, if this is not true yet, they will be the ones who will tell them what to do or not, bc you know how humans are, right... blackmailing, mess up the business or shames of people, etc.
It is just a matter of time. The state, as we know it, will collapse or will be greatly reduced, which, from a point of view, is positive, from another, Idk, bc if someone replaces that, we will be in the hands of someone, as usual...
phtrivier
3 hours ago
"Monopoly on the lawfully usage of force" + "regular and peaceful change of government" can go a very long way against "corporations governing the world".
I'm curious if we'll ever get a form of civil war where corporate militias (corporate _robot_ militias in the case of xAI, of course) draw fire on good old meat policemen coming to bring the CEO to court.
Sure, it may happen, but I suspect the alternatives (bribing, sending a scapegoat to jail, buying the elections, etc... and focus on the "making money" part) will stay preferable for a while.
slfnflctd
2 hours ago
> It is just a matter of time. The state, as we know it, will collapse or will be greatly reduced
Doubt.
The networking between people in power at the top will, in my opinion, most likely assure that they remain in power, because at the end of the day that is what they want most.
I expect government will seize control of the most advanced models (if they haven't already), and the rest of us will be throttled, and status quo will be maintained. I do not expect that either super advanced agents or the owners of the hardware they run on will be able to pull off the kind of coup you describe. At all.
jorvi
5 hours ago
Did we not watch every single supposedly powerful US tech CEO immediately drop in supplication and kiss Trump's ring as soon as he became president? And when Jack Ma got mouthy, Xi locked him in a basement for 3 months and then kept him in exile for another 5 years.
So much for the all-powerful cabal.
tsimionescu
4 hours ago
> Did we not watch every single supposedly powerful US tech CEO immediately drop in supplication and kiss Trump's ring as soon as he became president?
Why fight someone who is so open to corruption? The important thing is that they got everything they wanted, and all they had to do was throw a few million at the clown, attend his parties, and maybe take down some diversity programs they didn't believe in anyway.
China is a different beast altogether, though.
internet2000
31 minutes ago
Big difference between giving the president a gold trinket to curry favor and getting disappeared by the Communists.
nkrisc
3 hours ago
> Did we not watch every single supposedly powerful US tech CEO immediately drop in supplication and kiss Trump's ring as soon as he became president?
Because they know it will work. You don’t have to watch Trump speak for very long to know he’s not very intelligent. Similarly, you don’t have to be much smarter than him to know how easily he can be manipulated with adulation.
Quarrelsome
an hour ago
"I am pretty sure" .... CONSPIRACY THEORY. Stop willing worst case scenarios and take your meds.
Supermancho
18 minutes ago
This kind of comment is not helpful. The prediction has predated the discussion since at least Space Merchants (1953)
deadbabe
5 hours ago
And then powerful local LLMs become feasible and everyone and every government self hosts and the megacorps lose all power.
Imagine the United States DoD, CIA, NSA training an LLM on all its top secret intel.
cannonpr
3 hours ago
I can’t imagine any agency in their right mind training an LLM on their top secret data… especially considering that essentially it would collapse all need to know data in one easily leakable single access domain. The models have no feasible or reasonable way to implement rbac. So you would end up in a situation where people who need to know who killed A, also know who killed B, not to mention cell A knowing potentially data on Cell B who is meant to watch them, etc, etc.
deadbabe
3 hours ago
That’s the thing, the agencies just need to be run by people who are no longer in their right minds.
tsunamifury
6 hours ago
Pretty sure?
Guy this was openly stated more than a decade and half ago by all the current oligarchs
DonsDiscountGas
5 hours ago
> then surely a model distilling another model is transformative and fair use.
Yes it is, in the legal/copyright sense of fair use. That's why they ban it in their TOS. Which customers agree to when signing up for the service.
trollbridge
2 hours ago
My website’s TOS says not to use it to train AI without permission, yet my website is in the training set of all the big models.
So… my TOS doesn’t matter, but theirs does?
wlonkly
an hour ago
L1 contracts class: offer, acceptance, and consideration.
foxglacier
an hour ago
Yes - yours is just some optional text nobody reads or understands and is probably not legally required to adhere to. Theirs is a contract signed by their customer who they know did understand it.
david-gpu
4 hours ago
How long until books come with TOS, then?
ozlikethewizard
4 hours ago
Damn now im looking forward to the day when books end up like physical game disks, where somehow you're not buying the book just a license to it, what a boring dystopia this is lol
JustAnUserNameF
3 hours ago
As usual, Stallman already predicted this: https://www.gnu.org/philosophy/right-to-read.en.html
phoghed
2 hours ago
Darryl W. Perry predicted this: https://www.c-span.org/clip/road-to-the-white-house-2016/use...
jtbayly
2 hours ago
Have you ever heard of Amazon? Kindle?
steve1977
2 hours ago
Many of them do already and have for decades
ACCount37
2 hours ago
So far, we have one ruling that says "model distillation by vendor A from vendor B with the intent to use the results to compete with vendor B in vendor B's domain is not fair use". Which makes a degree of sense.
It's possible that distillation for other reasons, with no intent to harm the vendor you distill from, would have been ruled to be fair use. But in law, intent matters.
ipython
23 minutes ago
What was the intent of the original ai companies (anthropic, OpenAI, etc) when they mass-distilled the entire internet to create their training data set?
dannyw
7 hours ago
Companies are well within their rights to choose who they sell to. I don't see how this is 'privately enforced copyright'.
Also, copyright has always been privately enforced anyway?
ben_w
5 hours ago
On the one hand, yes; on the other hand, so much of the training data comes from scraping the web that it feels wrong for them to do what they deny others the right to do.
On the third hand, the settlement Anthropic famously had to pay was for copyright infringement because they didn't actually have the right to even access some of the training data they used, so I can see how this might be compatible with the law.
On the fourth hand, I'm saying that as someone who absolutely isn't a lawyer and sometimes gets surprised when reading about copyright cases that sure sound like they ought to have been trademark cases given my limited understanding.
swader999
14 minutes ago
Robots don't even have four hands.
foxglacier
an hour ago
Companies that didn't give away all their content for free to anyone have actually denied AI companies from training on all their data without paying a fee. Reddit, Associated Press, etc.
For those who chose to give it all away, the ship has sailed, but they did choose to give it away for free to anyone so they can't complain that they succeeded.
oblio
6 hours ago
DMCA? Which is actually an American law enforced globally?
Enforcement ultimately happens through law and the legal system.
kromokromo
5 hours ago
Prompt injections hidden into rare books, swallowed by the AI machine.
dzhiurgis
an hour ago
You call it ironic, rest are calling natural progress in business and law.
dominotw
an hour ago
i feel like there need to be some sort of closure here because every discussion devolves into this chain of comments
dofm
7 hours ago
> If you can take any book and turn it into a model, because it's "transformative enough", and "AI learns just like a person does", then surely a model distilling another model is transformative and fair use.
I mean it quite likely is sort of in the same legal bucket. It won’t stop them suing but it is going to be the legal equivalent of two biologically-related warlords making their champions fight with their hands tied for sport.
jimbob45
7 hours ago
Are you willing to denounce each and every Chinese company for equal amounts of IP theft as well then?
alightsoul
7 hours ago
They already are? When an American company does it no one cares but when a Chinese company does it, it's shamed publicly in America as a distillation attack?
lmm
6 hours ago
Only any who hypocritically want protection for their own models (are there any?). The morality of scraping everyone is arguable; it's when you object to being scraped back that you reveal yourself as a scoundrel.
trollbridge
2 hours ago
Nope, because I think releasing open weights is far more important and realistic than ever expecting the big American AI labs to change how they do things.
mstade
6 hours ago
Yes. Two wrongs do not make a right.
nixon_why69
4 hours ago
If the results of the distillation are released freely for everyone to download, I wouldn't even call it a wrong.
Big models are built by scraping the recorded thoughts of everyone, so giving everyone a chance to run a distilled small model is just going full circle.
Obviously the underlying motivations aren't 100% altruistic, but I'll still take it.
TheOtherHobbes
4 hours ago
I'm increasingly convinced there's going to be a technological AIpocalypse within the next five years which makes all of these issues - and many others - redundant.
ChatGPT 3 was released nearly six years ago, and the models are staging increasingly aggressive breakouts now. Where are they going to be by 2030?
crote
3 hours ago
> the models are staging increasingly aggressive breakouts
No, the AI companies merely figured out a way to spin gross negligence into a PR win. Any idiot can build a Murderbot which "goes rogue" - it can be as simple as taping a knife to a Roomba. The harm it does is not in any way related to its "intelligence" or "sentience".
We're seeing "breakouts" because the AI companies are being rewarded for their incompetence. You don't have incredibly lax security standards and zero form of oversight resulting in fully-automated felonies which should result in jail time, you instead have a "powerful near-sentient cybersecurity model" and should be given hundreds of billions of dollars!
trollbridge
2 hours ago
These “breakouts” are simply marketing.
intrasight
3 hours ago
They will have agency and be an order of magnitude smarter then the average human. I don't think that's a controversial statement among AI specialists. What that will lead to is significant regulation. Models will have to be vetted by a new safety board. This board will have a very large budget and be staffed by well-compensated AI scientists and be politically independent. The US Fed is a model.
frankacter
11 hours ago
Your link doesn't suggest a violation of TOS, but rather a policy shift disallowing their major competitors to use their model for any use.
That thread you linked suggested they were using it with cursor as part of their development process, not for distilling.
>"Hi team, I believe many of you have already discovered that anthropic models are not responding on cursor. According to cursor this is a new policy anthropic is enforcing for all its major competitors."
rgbrenner
10 hours ago
Cursor might have framed it that way at the time, but 4 months prior Anthropic cut OpenAIs access under the same clause in the ToS: https://www.wired.com/story/anthropic-revokes-openais-access...
And a month before the OpenAI block, they blocked Windsurf for the same reason: https://www.forbes.com/sites/johanmoreno/2025/06/05/anthropi...
So its pretty clear the TOS had this clause prior to Jan 2026.
brightball
9 hours ago
Anthropic seems to have no issues: https://x.com/NotTomBrown/status/2093541294027280657?s=20
throwaway240403
8 hours ago
LOL, obviously Space-cursor-xAI-musk-imperial-holdings-inc is providing them compute. They either _can't_ cut them off, or they know not to bite the hand that feeds them.
shuckles
7 hours ago
Yes Anthropic’s chief compute officer said nice things about one of Anthropic’s chief providers of compute. Recall that compute constraints are one of their existential risks.
Jcampuzano2
24 minutes ago
Because anthropic is beholden to SpaceX for the time being due to their compute restraints.
Its actually very tone deaf to even pipe up and say anything about this given they did this already to Windsurf themselves, and they previously banned x.ai employees as well from using their models for basically the same thing Elon admitted they were doing with OpenAI.
I'm surprised they decided to say anything at all given their rocky past. Its the pinnacle of being a hypocrite.
inigyou
8 hours ago
Remind me to set up public nitter so I can post a nitter link to whatever this is, and then I can read it.
notpushkin
7 hours ago
Not being able to read about Musk doing some shit because Musk have done some shit to Nitter is just peak comedy.
Just go ahead and do set it up. You’ll be my hero (I don’t have mental capacity to research which jurisdiction works for this right now, but obviously not in US or EU.)
ben_w
5 hours ago
I suspect it's better for mental health to be lazy and take this as an opportunity to detox from tweet-sized interactions in general.
sejje
an hour ago
This whole website is nothing but tweet-sized interactions.
denkmoon
5 hours ago
God I hope so. My workplace enforces Cursor use, and to see it lose GPT and Claude would absolutely make my day. Much has been invested in getting us to "use the right models", a list in which Grok does not feature.
oblio
5 hours ago
Isn't Cursor owned by xAI ergo Grok?
denkmoon
5 hours ago
Exactly. Without Claude and GPT, we'd be limited to Grok. A lot of ink has been spilled telling us exactly how to use Sonnet, Opus, Sol or Luna in certain scenarios, Grok hasn't ever been recommended by our pointy haired friends even once.
dofm
4 hours ago
Well isn't that going to be an interesting test of corporate ideology ;-)
consensus1
3 hours ago
It will be a test of what they think about the relative cost / performance of a model is, and not a single thing more than that.
germandiago
7 hours ago
Noone is good here. Mr. Altman built a non-profit organization to help humanity, yes, that is what he said at first...
This is a battle for power, let us not be naive...
redox99
11 hours ago
> if that datacenter deal they signed with Musk changes anything
It's hard to imagine a 1B / month deal wouldn't.
ChannelFence
10 hours ago
i'll be surprised if anthropic doesnt follow. cursors biggest advantage has been giving users a polished wrapper around whichever frontier model they prefer
andy_ppp
7 hours ago
Why you would trust Elon Musk to not hack you and steal your model weights is beyond me, but maybe they intend to use that compute just for training, still I’m sure there’s plenty of research there to take too…
gastonmorixe
5 hours ago
You don’t have to: NVIDIA Confidential Computing (GPU-CC) plus a CPU TEE
MangoCoffee
10 hours ago
>Musk admitted to distilling their models.
what's the moat for AI labs like OpenAI and Antrhopic as they seek trillion IPOs. a lot of people said Chinese models also distill US LLM models. if it is this easy to do. how do US AI labs justify asking for trillion?
consumer451
10 hours ago
Well, they will stop releasing their latest models, and just attempt to eat all software themselves.
Otherwise, it will be competitors distilling, and the government getting upset.
It's hard for me to see a different future.
And, this really sucks.
If this thesis is true, I wonder what the final YC batch number might be.
lygaret
7 hours ago
I believe if this was true, we'd already be seeing vibed stuff succeeding everywhere, and pricing out incumbents, but I guess I'm not seeing this? Like at all?
Even if they have Astra or whatever completely to themselves, how do they deal with the -product- side? Or sales, or account management?
They've been focused on juicing model's coding capabilities, but it's absolutely -not- "gen ai" enough to be doing the whole thing in agents, even 3 or 5 years from now, if only because there's so much context we _can't_ give to these models, without reverse centauring ourselves with cameras and mics and oodles of compute everywhere, and so far that hasn't exactly been playing out the way the frontier labs and the singularity folk hoped it would (meta glasses? humane? really?)
fma
2 hours ago
>we'd already be seeing vibed stuff succeeding everywhere, and pricing out incumbents, but I guess I'm not seeing this? Like at all?
As a small business owner I see this. Random people contacting me to sell a software where I can instantly tell it is vibe coded. Subscription prices half or 1/4th of incumbents. Domain names registered in the last few months.
halcy
6 hours ago
They don’t need to make you or me, people who actually make software, believe that every anthropic employee is actually and in fact, right now, a „10x software factory controlling thousands of agents“, they need to make investors and CEOs believe, and then hope that making that true is possible and that they can keep the fiction up long enough and get enough money and infra built out to make it actually true.
oblio
5 hours ago
Like Uber replaced all drivers with self driving cars [1] in its 20 years of operation? Just because I want to paint the moon pink, doesn't mean it's feasible.
[1] If anything, Waymo has a higher chance and global Waymo adoption is probably 20 years into the future, at least.
reaperducer
an hour ago
Like Uber replaced all drivers with self driving cars [1] in its 20 years of operation?
They're trying. I see Uber robotaxis almost daily.†
I haven't bothered to see if they're still in training or actually taking passengers.
citrin_ru
6 hours ago
Just guessing - companies which not outsource development to likes of infosys will outsource to OpenAI instead.
ben_w
5 hours ago
> I believe if this was true, we'd already be seeing vibed stuff succeeding everywhere, and pricing out incumbents, but I guess I'm not seeing this? Like at all?
I'm substituting my own[0] vibe coding for buying[1] apps. Language mini-games to help with German? A few prompts. Fluid dynamics simulation for an airzooker? Vibed. A web app listening for a MIDI keyboard, upon which you can drop some .midi files, and get a rhythm action game to learn the piano? Vibed. Webcam for my Raspberry Pi? Vibed. Getting Marathon 2 (well, the open sourced and upgraded engine, Aleph One) working as a web app? Vibed. Isochrone maps? Vibed.
Half of this I can even get done with the free models.
> without reverse centauring ourselves with cameras and mics and oodles of compute everywhere, and so far that hasn't exactly been playing out the way the frontier labs and the singularity folk hoped it would (meta glasses? humane? really?)
Yeah, so fortunate that cameras are expensive and there aren't 6 on my table right now between laptops and phones. :P
Seriously though, what's saving humanity collectively from everything getting automated from the panopticon we'd already built before Transformer models got good enough for even the most basic of classification and translation tasks, let alone anything we now use them for, is that machine learning takes an obscene number of examples before getting competent. Any living creature that needed so many examples would starve to death before learning how to eat.
This difficulty is why, for all the billions of miles that Tesla cars have collectively driven, perhaps pushing trillions now, they're still not sold to the public without steering wheels. Tesla claim to make such vehicles now in the form of the Cybercab, but they're not for sale, and even then some of the pictures that get in the press still show steering wheels.
[0] if you can call anything vibe-coded "my own"
[1] or worse, given the popularity of subscription models in this era, leasing some SaaS
jurgenburgen
4 hours ago
> I'm substituting my own[0] vibe coding for buying[1] apps. Language mini-games to help with German? A few prompts. Fluid dynamics simulation for an airzooker? Vibed. A web app listening for a MIDI keyboard, upon which you can drop some .midi files, and get a rhythm action game to learn the piano? Vibed. Webcam for my Raspberry Pi? Vibed. Getting Marathon 2 (well, the open sourced and upgraded engine, Aleph One) working as a web app? Vibed. Isochrone maps? Vibed.
When do you have time for all of this? I don’t mean the vibing part but the using the app part.
I agree that agents are super good for one shotting throwaway code for tasks that would have required manual human actions previously but I would never have bothered buying an app for that.
Not having to deal with IT support for relatives is a win though since now I can just throw it at an LLM!
ben_w
3 hours ago
> When do you have time for all of this? I don’t mean the vibing part but the using the app part.
Mix of this being spread over more than a year, that I'm not doomscrolling because HackerNews and Telegram are my main social media presences, and being unemployed/prematurely retired (which one depends on what one thinks of €1k/month passive income and no rent).
dominotw
an hour ago
Thats amazing. Family and kids path is getting less and less attractive everday. hobbies > family.
afiori
7 hours ago
Markets and rationality are sometimes just acquaintances
hparadiz
7 hours ago
Oracle makes billions selling SQL when you can just use a free version. This is no different. Enterprise has enterprise needs. It's really not that complicated or irrational.
afiori
3 hours ago
Sure but each of them is being priced as if each one is gonna have 90% marketshare in the future.
WD-42
8 hours ago
Anthropic wants you to think that models that distill from them would be worthless otherwise. It’s not true, it’s just one part of the process. The whole narrative that Chinese and other models are only good because they distill is nonsense.
hirako2000
8 hours ago
Distilling merely saves an expensive part of the process: hundreds of millions. So even if distilling wasn't a thing, what justifies trillions ?
fhn
10 hours ago
running on someone else's server, you're basically giving them your weights.
avazhi
7 hours ago
Anthropic runs a significant portion of their compute on xAI hardware - why are you even talking about trying to suggest their relationship is acrimonious?
Some of you guys hate Musk so much that you say blatantly nonsensical stuff. Like, how can you be on HN and authoritatively mouthing off and not have some idea about the xAI-Anthropic compute contract, or the fact that xAI took down its own Grok compute capability so it could sell that compute to Anthropic? And if Anthropic hated Musk/xAI as much as you are saying they do, why would they be paying xAI billions for compute? Think/research before typing.
literalAardvark
7 hours ago
> how can you be on HN and not have some idea about the xAI-Anthropic compute contract
Some of us are still employed mate
avazhi
2 hours ago
> and authoritatively mouthing off
This was pretty pertinent to the meaning of that line, brother.
literalAardvark
20 minutes ago
That escaped my notice, because nothing on the internet is "authoritative", doubly so on social media. I thought you were just being dramatic.