Evidence could look like 1. Someone was in a position where they had to make a judgement about OpenAI and was in a position of trust 2. They said something bland and inoffensive about OpenAI 3. Later, independently you find that they likely would have known about something bad that they likely weren’t saying because of the nondisparagement agreement (instead of ordinary confidentially agreements).
This requires some model of “this specific statement was influenced by the agreement” instead of just “you never said anything bad about OpenAI because you never gave opinions on OpenAI”.
I think one should require this kind of positive evidence before calling it a “serious breach of trust”, but people can make their own judgement about where that bar should be.
Evidence could look like 1. Someone was in a position where they had to make a judgement about OpenAI and was in a position of trust 2. They said something bland and inoffensive about OpenAI 3. Later, independently you find that they likely would have known about something bad that they likely weren’t saying because of the nondisparagement agreement (instead of ordinary confidentially agreements).
This requires some model of “this specific statement was influenced by the agreement” instead of just “you never said anything bad about OpenAI because you never gave opinions on OpenAI”.
I think one should require this kind of positive evidence before calling it a “serious breach of trust”, but people can make their own judgement about where that bar should be.