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JeremyNixon / ai-innovation-act

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Add a non-compete clause to the California Senate Bill. #2

Open JeremyNixon opened 3 weeks ago

JeremyNixon commented 3 weeks ago

https://x.com/flesheatingemu/status/1800132048797192679/photo/1

bionicles commented 3 weeks ago

reference: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB699

Here's one potential road forward to protect AI corporate interests while also freeing users from needing to bookkeep the source of every message and remember and enforce the relevant companies' specific rules

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We could add 16000.6 to become the "next" node after https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=16600.5.&nodeTreePath=9.2.1&lawCode=BPC

and the idea is, 16000.6 expands 16000.5 to include customer noncompetes, especially wrt AI outputs, so if you're using ChatGPT and Claude for work stuff, they can't forbid you from using your chat logs for your own AI startup; This way, the legal risk toward people who want to use their chat logs for AI training is eliminated. However, AI could refuse to generate output, and that falls within the right to refuse.

the key difference is, that's on them to "say nothing, do nothing" and not on customers to "never use the output for X or Y" because that requires every customer to remember what they got from whom and never use it for a business which adheres to source's particular terms of use, which dramatically impedes AI innovation by creating tons of legal risk.

It's 100x more pro-innovation if all chatbot output is fair game for commercial use by competitors. You can make a custom data set immediately and fine tune a competitor to ChatGPT and self host it. That's bad for the current market leaders in the short term, but great for the AI industry as a whole in the long term.

It's way more respectful of natural human limitations on time, because natural humans shouldn't need to remember which chatbot wrote some text, and natural humans shouldn't need to worry there's some fine print loophole in the chatbot corps' rules that's gonna enable the chatbot corp to come after them for repeating chatbot words.

Cons: could create a more intense competitive market for AI by reminding people they can make AI using their chat logs with chatgpt and claude and gemini, many new startups could emerge.

Thus, my proposal is to amend 16000 to add 16000.6 clarifying 16000.5 definitely applies to "customer noncompete" and mentions "right to refuse" as the legal acceptable way for AI companies to regulate use of output (don't generate that output, or do filter it before showing the user)