> It hinges on what Microsoft decides "attempting to generate infringing materials" means.
No, ultimately, it hinges on what a court enforcing the commitment believes “attempting to generate infringing materials” means.
(OTOH. it also means Microsoft ha an even bigger incentive to use its lobbying power to assure that the law is such that liability rarely occurs with the use of these tools.)
The meaning is somewhere between your interpretation and the GPs. Even if a court would enforce Microsoft’s promise, you’d still need to sue Microsoft to compel action in the event of a disagreement and that would be expensive and you’re generally on the hook for your own legal costs when you sue.
No, ultimately, it hinges on what a court enforcing the commitment believes “attempting to generate infringing materials” means.
(OTOH. it also means Microsoft ha an even bigger incentive to use its lobbying power to assure that the law is such that liability rarely occurs with the use of these tools.)
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