> "Two such use cases have never been included in our contracts with the Department of War..."

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.

Also, Trump's own words complaining about being forced to stick to Anthropic's terms of service:

> The Leftwing nut jobs at Anthropic have made a DISASTROUS MISTAKE trying to STRONG-ARM the Department of War, and force them to obey their Terms of Service instead of our Constitution.

[flagged]