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.
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.
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.