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Copyright (c) 2023 Stability AI CreativeML Open RAIL++-M License dated July 26, 2023 |
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Section I: PREAMBLE Multimodal generative models are being widely adopted and used, and |
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have the potential to transform the way artists, among other individuals, conceive and |
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benefit from AI or ML technologies as a tool for content creation. Notwithstanding the |
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current and potential benefits that these artifacts can bring to society at large, there |
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are also concerns about potential misuses of them, either due to their technical |
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limitations or ethical considerations. In short, this license strives for both the open |
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and responsible downstream use of the accompanying model. When it comes to the open |
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character, we took inspiration from open source permissive licenses regarding the grant |
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of IP rights. Referring to the downstream responsible use, we added use-based |
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restrictions not permitting the use of the model in very specific scenarios, in order |
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for the licensor to be able to enforce the license in case potential misuses of the |
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Model may occur. At the same time, we strive to promote open and responsible research on |
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generative models for art and content generation. Even though downstream derivative |
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versions of the model could be released under different licensing terms, the latter will |
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always have to include - at minimum - the same use-based restrictions as the ones in the |
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original license (this license). We believe in the intersection between open and |
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responsible AI development |
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in order to enable responsible open-science in the field of AI. This CreativeML Open |
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RAIL++-M License governs the use of the model (and its derivatives) and is informed by |
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the model card associated with the model. NOW THEREFORE, You and Licensor agree as |
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follows: Definitions "License" means the terms and conditions for use, reproduction, and |
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Distribution as defined in this document. "Data" means a collection of information |
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and/or content extracted from the dataset used with the Model, including to train, |
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pretrain, or otherwise evaluate the Model. The Data is not licensed under this License. |
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"Output" means the results of operating a Model as embodied in informational content |
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resulting therefrom. "Model" means any accompanying machine-learning based assemblies |
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(including checkpoints), consisting of learnt weights, parameters (including optimizer |
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states), corresponding to the model architecture as embodied in the Complementary |
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Material, that have been trained or tuned, in whole or in part on the Data, using the |
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Complementary Material. "Derivatives of the Model" means all modifications to the Model, |
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works based on the Model, or any other model which is created or initialized by transfer |
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of patterns of the weights, parameters, activations or output of the Model, to the other |
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model, in order to cause the other model to perform similarly to the Model, including - |
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but not limited to - distillation methods entailing the use of intermediate data |
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representations or methods based on the generation of synthetic data by the Model for |
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training the other model. "Complementary Material" means the accompanying source code |
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and scripts used to define, run, load, benchmark or evaluate the Model, and used to |
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prepare data for training or evaluation, if any. This includes any accompanying |
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documentation, tutorials, examples, etc, if any. "Distribution" means any transmission, |
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reproduction, publication or other sharing of the Model or Derivatives of the Model to a |
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third party, including providing the Model as a hosted service made available by |
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electronic or other remote means - e.g. API-based or web access. "Licensor" means the |
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copyright owner or entity authorized by the copyright owner that is granting the |
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License, including the persons or entities that may have rights in the Model and/or |
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distributing the Model. "You" (or "Your") means an individual or Legal Entity exercising |
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permissions granted by this License and/or making use of the Model for whichever purpose |
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and in any field of use, including usage of the Model in an end-use application - e.g. |
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chatbot, translator, image generator. "Third Parties" means individuals or legal |
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entities that are not under common control with Licensor or You. "Contribution" means |
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any work of authorship, including the original version of the Model and any |
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modifications or additions to that Model or Derivatives of the Model thereof, that is |
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intentionally submitted to Licensor for inclusion in the Model by the copyright owner or |
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by an individual or Legal Entity authorized to submit on behalf of the copyright owner. |
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For the purposes of this definition, "submitted" means any form of electronic, verbal, |
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or written communication sent to the Licensor or its representatives, including but not |
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limited to communication on electronic mailing lists, source code control systems, and |
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issue tracking systems that are managed by, or on behalf of, the Licensor for the |
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purpose of discussing and improving the Model, but excluding communication that is |
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conspicuously marked or otherwise designated in writing by the copyright owner as "Not a |
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Contribution." "Contributor" means Licensor and any individual or Legal Entity on behalf |
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of whom a Contribution has been received by Licensor and subsequently incorporated |
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within the Model. |
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Section II: INTELLECTUAL PROPERTY RIGHTS Both copyright and patent grants apply to the |
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Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of |
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the Model are subject to additional terms as described in |
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Section III. Grant of Copyright License. Subject to the terms and conditions of this |
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License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, |
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no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly |
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display, publicly perform, sublicense, and distribute the Complementary Material, the |
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Model, and Derivatives of the Model. Grant of Patent License. Subject to the terms and |
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conditions of this License and where and as applicable, each Contributor hereby grants |
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to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
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(except as stated in this paragraph) patent license to make, have made, use, offer to |
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sell, sell, import, and otherwise transfer the Model and the Complementary Material, |
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where such license applies only to those patent claims licensable by such Contributor |
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that are necessarily infringed by their Contribution(s) alone or by combination of their |
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Contribution(s) with the Model to which such Contribution(s) was submitted. If You |
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institute patent litigation against any entity (including a cross-claim or counterclaim |
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in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution |
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incorporated within the Model and/or Complementary Material constitutes direct or |
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contributory patent infringement, then any patent licenses granted to You under this |
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License for the Model and/or Work shall terminate as of the date such litigation is |
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asserted or filed. Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
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Distribution and Redistribution. You may host for Third Party remote access purposes |
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(e.g. software-as-a-service), reproduce and distribute copies of the Model or |
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Derivatives of the Model thereof in any medium, with or without modifications, provided |
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that You meet the following conditions: Use-based restrictions as referenced in |
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paragraph 5 MUST be included as an enforceable provision by You in any type of legal |
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agreement (e.g. a license) governing the use and/or distribution of the Model or |
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Derivatives of the Model, and You shall give notice to subsequent users You Distribute |
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to, that the Model or Derivatives of the Model are subject to paragraph 5. This |
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provision does not apply to the use of Complementary Material. You must give any Third |
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Party recipients of the Model or Derivatives of the Model a copy of this License |
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must cause any modified files to carry prominent notices stating that You changed the |
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files |
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excluding those notices that do not pertain to any part of the Model, Derivatives of the |
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Model. You may add Your own copyright statement to Your modifications and may provide |
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additional or different license terms and conditions - respecting paragraph 4.a. - for |
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use, reproduction, or Distribution of Your modifications, or for any such Derivatives of |
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the Model as a whole, provided Your use, reproduction, and Distribution of the Model |
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otherwise complies with the conditions stated in this License. Use-based restrictions. |
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The restrictions set forth in Attachment A are considered Use-based restrictions. |
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Therefore You cannot use the Model and the Derivatives of the Model for the specified |
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restricted uses. You may use the Model subject to this License, including only for |
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lawful purposes and in accordance with the License. Use may include creating any content |
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with, finetuning, updating, running, training, evaluating and/or reparametrizing the |
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Model. You shall require all of Your users who use the Model or a Derivative of the |
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Model to comply with the terms of this paragraph (paragraph 5). The Output You Generate. |
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Except as set forth herein, Licensor claims no rights in the Output You generate using |
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the Model. You are accountable for the Output you generate and its subsequent uses. No |
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use of the output can contravene any provision as stated in the License. |
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Section IV: OTHER PROVISIONS Updates and Runtime Restrictions. To the maximum extent |
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permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage |
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of the Model in violation of this License. Trademarks and related. Nothing in this |
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License permits You to make use of Licensors’ trademarks, trade names, logos or to |
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otherwise suggest endorsement or misrepresent the relationship between the parties |
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any rights not expressly granted herein are reserved by the Licensors. Disclaimer of |
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Warranty. Unless required by applicable law or agreed to in writing, Licensor provides |
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the Model and the Complementary Material (and each Contributor provides its |
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Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either |
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express or implied, including, without limitation, any warranties or conditions of |
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are |
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solely responsible for determining the appropriateness of using or redistributing the |
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Model, Derivatives of the Model, and the Complementary Material and assume any risks |
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associated with Your exercise of permissions under this License. Limitation of |
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Liability. In no event and under no legal theory, whether in tort (including |
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negligence), contract, or otherwise, unless required by applicable law (such as |
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deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be |
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liable to You for damages, including any direct, indirect, special, incidental, or |
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consequential damages of any character arising as a result of this License or out of the |
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use or inability to use the Model and the Complementary Material (including but not |
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limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, |
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or any and all other commercial damages or losses), even if such Contributor has been |
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advised of the possibility of such damages. Accepting Warranty or Additional Liability. |
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While redistributing the Model, Derivatives of the Model and the Complementary Material |
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thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, |
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indemnity, or other liability obligations and/or rights consistent with this License. |
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However, in accepting such obligations, You may act only on Your own behalf and on Your |
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sole responsibility, not on behalf of any other Contributor, and only if You agree to |
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indemnify, defend, and hold each Contributor harmless for any liability incurred by, or |
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claims asserted against, such Contributor by reason of your accepting any such warranty |
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or additional liability. If any provision of this License is held to be invalid, illegal |
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or unenforceable, the remaining provisions shall be unaffected thereby and remain valid |
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as if such provision had not been set forth herein. |
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END OF TERMS AND CONDITIONS |
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Attachment A Use Restrictions |
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You agree not to use the Model or Derivatives of the Model: |
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In any way that violates any applicable national, federal, state, local or |
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international law or regulation |
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exploit or harm minors in any way |
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information and/or content with the purpose of harming others |
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disseminate personal identifiable information that can be used to harm an individual |
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defame, disparage or otherwise harass others |
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adversely impacts an individual’s legal rights or otherwise creates or modifies a |
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binding, enforceable obligation |
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discriminating against or harming individuals or groups based on online or offline |
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social behavior or known or predicted personal or personality characteristics |
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exploit any of the vulnerabilities of a specific group of persons based on their age, |
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social, physical or mental characteristics, in order to materially distort the behavior |
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of a person pertaining to that group in a manner that causes or is likely to cause that |
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person or another person physical or psychological harm |
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which has the effect of discriminating against individuals or groups based on legally |
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protected characteristics or categories |
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interpretation |
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administration of justice, law enforcement, immigration or asylum processes, such as |
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predicting an individual will commit fraud/crime commitment (e.g. by text profiling, |
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drawing causal relationships between assertions made in documents, indiscriminate and |
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arbitrarily-targeted use). |
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