I am directing the Department of War to designate Anthropic a supply-chain risk

> Which miiight impact the amount of inference the DoD would be able to get done in those six months.

Which might not be by accident looking at the Truth Social posts which state "Anthropic better get their act together, and be helpful during this phase out period, or I will use the Full Power of the Presidency to make them comply, with major civil and criminal consequences to follow."

I would not be surprised to see this being used as an excuse to nationalize Anthropic.

While I agree with Anthropic's position on this regardless, the original contract wording does matter in terms of making either the government look even more unreasonable or Anthropic look a little less reasonable.

The issue is a subtle ambiguity in Dario's statement: "...have never been included in our contracts" because it leaves two possibilities: 1. those two conditions were explicitly mentioned and disallowed in the contract, or 2. they weren't in the contract itself - and are disallowed by Anthropic's Terms of Service and complying with the ToS is a condition in the contract (which would be typical).

If that's the case, then it matters if the ToS disallowed those two uses at the time the original contract was signed, or if the ToS was revised since signing. Anthropic is still 100% in the right if the ToS disallowed these uses at the time of signing and the ToS was an explicit condition of the contract, since contracts often loop in the ToS as a condition while not precluding the ToS being updated.

However, if the ToS was updated after contract signing and Anthropic added or expanded the wording of those two provisions, then the DoD, IMHO, has a tiny shred of justification to complain and stop using Anthropic. Of course, going much further and banning the entire US government (and contractors) from using Anthropic for any use, including all the ones where these two provisions don't matter - is egregiously punitive and shitty.

While the contract wording itself may be subject to NDA, it would be helpful if Anthropic's statements could be a bit more precise. For example, if Dario had said "have always been disallowed in our contracts" this ambiguity wouldn't exist.

[...]

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

[...]

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

[...]

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

— The Declaration of Independence https://www.archives.gov/founding-docs/declaration-transcrip...

People threw tea in Boston Harbor over less than the tariffs.