[License-review] For Approval: OpenMDW License Agreement, versions 1.1 (OpenMDW-1.1)

[Pamela Chestek]

On 8/31/2026 2:04 AM, Stefano Maffulli wrote:
>
>> My earlier example makes this concrete: I use a model through an API 
>> and find that my inputs are being stored in the provider's database 
>> for RAG. Under the license definition, that database would likely 
>> count as associated data, part of the *Model Materials*. So when I 
>> claim the copyright of my own work stored there, I am claiming that 
>> the Model Materials infringe my copyright, and my license terminates. 
>> I could not have known this before accepting the license, and I only 
>> find out while using the model.
>>
> You want to keep the right to use a model that you claim has illegally 
> used your copyrighted material and distributes it?
I think this "why would you use it anyway" argument is a red herring. I 
am forced to use services and agree to contract terms I disagree with 
all the time. You can't be on social media without agreeing to terms of 
use, you can't even look at websites without it. I have clients who 
require that I use their billing platforms, with associated terms of 
service. My LG TV just forced me to agree to a new privacy policy and 
Terms of Use to watch streaming applications (I'm still wondering where 
the consideration is for that one). Agreements bind you to third party 
terms all the time, so you may become bound without even knowing it. We 
no longer live in a world where we have any realistic freedom to contract.

Pam

Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
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