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U.S. appeals court upholds designation of Anthropic as supply chain risk

499 points · 900 comments · cramer4next

  1. romellem · · focus · HN ↗
    Opinion by Katsas and Rao. For those that don’t follow this regularly, those are two of the biggest Trump hacks on the bench.

    I suspect this will be reversed en banc.

    Anthropic’s argument is really clear and easy to understand: we can’t simultaneously be a supply chain risk and also be a company the DoD demands we change our policies so they can use our models without restrictions.

    1. panda-giddiness · · focus · HN ↗
      Yeah, this is like a textbook bad draw for Anthropic. Unless you're a lawyer for Anthropic, I wouldn't give this ruling much weight at all.
    2. CodeWriter23 · · focus · HN ↗
      Anthropic's policies are literally the supply chain risk.

      The DoD could have used the same authority to seize the technology if it wanted to. Especially in a time of war. DoD has instead chosen to respect Antrhopic's boundaries and has simply barred anyone in the agency from buying a product that comes with strings attached.

      This is 100% on Anthropic for product:market fit failure.

      1. xfil · · focus · HN ↗
        Am I misunderstanding this entire ordeal, or are Anthropic's policies not precisely what the DOD agreed to in its initial contract with Anthropic? Did the DOD not then seek to change the contract terms, to which Anthropic refused?

        If I sell the DOD a service with contracted terms X/Y/Z, the DOD agrees, then later asks me to drop Z, and I refuse, how would that warrant the legal definition of a supply chain risk? How is the appropriate response for the DOD not to simply find another service provider?

      2. solenoid0937 · · focus · HN ↗
        You've misinterpreted the situation so severely.

        The DoW tried to change a contract they had signed. Anthropic refused. That doesn't make them a supply chain risk (the wording of which implies "likely to sabotage" the government).

        1. CodeWriter23 · · focus · HN ↗
          Yeah, the DoD read the clickwrapped contract. GTFO
          1. solenoid0937 · · focus · HN ↗
            You do not understand how these deals are made! You think their lawyers didn't pour over every sentence?
            1. CodeWriter23 · · focus · HN ↗
              Which administration made the deal with Anthropic?
      3. [deleted] · · focus · HN ↗

        [deleted]

      4. sfink · · focus · HN ↗
        > Especially in a time of war.

        The US has not declared war on Iran. No wartime legal mechanism is at play, and cannot be until Congress decides to declare war.

    3. bubblethink · · focus · HN ↗
      Yeah, Katsas and Rao are top shelf partisan hacks. Why did Anthropic not sue in the 9th circuit?
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