Earlier quoted context omitted.
It's really only between Anthropic and OpenAI for many of my use cases, since I have a Zero Data Retention agreement with both. I'm not trusting random inference providers and especially not Elmo with sensitive data.
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As for ZDR and court-orders, what would you rather happen there? Violate the law or comply with holding the data? I would bet that any ZDR agreement has this court-ordered risk mutually understood and agreed upon.