When uploading to HPR you are

You are

agreeing to license your show CC-BY-SA.

All our shows are now released under a Creative Commons

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license, which

means that while you continue to retain the copyright to your show, you

are allowing us (and everyone else) to use it provided we give you

attribution and that we release it under the same license. Click the

link for more information.

The

Creative

Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

license itself says that sharing (the S in CC-BY-SA), allows you to

"copy and redistribute the material in any medium or format for any

purpose, even commercially".

On the face of it the

OpenAI

ChatGPT Terms of use seem similar, with Section 3 saying "you can

use Content for any purpose, including commercial purposes".

Unfortunately they then go on to say "Subject to your compliance with

these Terms":

3. Content

(a) Your Content. You may provide input to the Services (“Input”), and

receive output generated and returned by the Services based on the Input

(“Output”). Input and Output are collectively “Content.” As between the

parties and to the extent permitted by applicable law, you own all

Input. Subject to your compliance with these Terms, OpenAI hereby

assigns to you all its right, title and interest in and to Output. This

means you can use Content for any purpose, including commercial purposes

such as sale or publication, if you comply with these Terms. OpenAI may

use Content to provide and maintain the Services, comply with applicable

law, and enforce our policies. You are responsible for Content,

including for ensuring that it does not violate any applicable law or

these Terms.

The same document lists some restrictions...

2. Usage Requirements

(c) Restrictions. You may not (i) use the Services in a way that

infringes, misappropriates or violates any person’s rights; (ii) reverse

assemble, reverse compile, decompile, translate or otherwise attempt to

discover the source code or underlying components of models, algorithms,

and systems of the Services (except to the extent such restrictions are

contrary to applicable law); (iii) use output from the Services to

develop models that compete with OpenAI;

... while the

Usage policies

list more.

So in my opinion, and I am not a lawyer (IANAL) the

OpenAI

ChatGPT Terms of use is not compatible with the

Creative

Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

license.

You can of course refer to ChatGPT as you would any other non

Creative Commons site.

If you disagree or would like to weigh in please discuss this on the

mail list.