But that has jack all to do with the LLM capabilities that are sold.
And we have an absurd amount of historical case law that deals precisely with "conflict of interest" among parties. I don't see why we'd allow this to be whitewashed away?
"No your honor - I didn't break the Sherman antitrust act. I just fine-tuned a model so that operating it functionally broke the Sherman antitrust act!"
"No your honor - I didn't violate my fiduciary duty. I just used a model that made self-interested decisions on my behalf, at the expense of my client!"
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My take is this is going to be a relatively serious point of contention, because it won't just be consumers getting screwed (which we... used to care about... but in modern times apparently don't give too many shits about anymore)
Ex - the app store thing blew up into the whole apple/epic court case. And then a ton of EU legislation.
This is monied parties with different interests, who will use courts here.