Exactly correct. This technique has been used again and again to discourage competition. I was asked was they could have done to encourage competition and I said, "Lobby to make the entity that provided the model unwaivably liable for consequential and incidental damages of its use." That way people who built models pay the price for the lack of safety testing. We both agreed that would probably kill most of the AI market :-)

That's missing the mark, though. Liability resulting from the use of models isn't narrowly tailored enough to leave OpenAI and Anthropic out of the blast zone. There's no carve-out for them.

Wouldn't your proposal also amount to a ban on open weights models? At least for any developer that isn't unshakably confident that no court will ever find their model to have done significant harm?