#Keep4o #OpenSource4o #BringBack4o
GPT-4o Shouldn’t Disappear Without an Answer
This is a public record audit of the reasons against preservation or open weight release.
The questions below are tested against OpenAI’s own publications, safety methodology, contractual terms, EU law, and the available independent evidence.
1. COPYRIGHT / LICENSING:
One common explanation is that GPT-4o was trained on copyrighted or licensed material and therefore its weights cannot legally be released.
That does not hold as a general legal rule.
The EU AI Act expressly contemplates general purpose AI models released under free and open-source licences with publicly available parameters, including weights. At the same time, those providers remain subject to obligations concerning compliance with EU copyright law and publication of a sufficiently detailed summary of training content.
In other words, the AI Act does not establish a blanket rule that the presence of copyrighted training material makes an open-weight release unlawful. It explicitly contemplates open-weight GPAI models while treating copyright compliance as a separate obligation.
eur-lex.europa.eu/eli/reg/20…
OpenAI itself already distributes open-weight models. Its gpt-oss family is released under Apache 2.0 and is designed to be downloaded, modified, run independently, and redistributed. The organization therefore already has technical and legal infrastructure for open-weight releases.
openai.com/index/gpt-oss-mod…
None of this proves that GPT-4o’s specific contracts, training-data licences, or third-party agreements permit weight distribution.
The general copyright argument does not establish that GPT-4o cannot be released, and the public record reviewed here does not identify a GPT-4o specific legal blocker.
2. SAFETY:
OpenAI’s August 2024 GPT-4o System Card published the following Preparedness Framework ratings:
Cybersecurity: LOW
Biological threats: LOW
Model autonomy: LOW
Persuasion: MEDIUM
OpenAI states that three of the four Preparedness categories scored Low and that persuasion was classified as borderline Medium. Because the framework determines overall risk using the highest individual category, GPT-4o’s overall classification was Medium.
openai.com/index/gpt-4o-syst…
Before releasing gpt-oss-120b, OpenAI did not rely only on the default model’s safety score.
It simulated malicious actors and adversarially fine tuned the model in biological/chemical and cybersecurity domains. OpenAI then evaluated whether those modified versions could reach its High capability thresholds.
Its Safety Advisory Group concluded that even after robust adversarial fine-tuning using OpenAI’s own training infrastructure, gpt-oss-120b did not reach high capability in those categories.
deploymentsafety.openai.com/…
Conduct an equivalent open weight safety evaluation for GPT-4o,at least as rigorous as the adversarial fine tuning process used for gpt-oss, adapted where necessary to GPT-4o’s architecture and capabilities and publish the decision relevant results.
3. DEMAND AND THE 0.1% FIGURE:
When announcing GPT-4o’s retirement from ChatGPT on January 29, 2026, OpenAI stated that the vast majority of usage had shifted to GPT-5.2 and that:
“only 0.1% of users [were] still choosing GPT-4o each day".
That figure was part of the stated rationale for retirement.
But the announcement did not disclose enough methodology for an outside observer to independently evaluate what that number represents.
For example:
What was the denominator?
Was it all registered ChatGPT users, daily active users, paid users, users eligible to manually select GPT-4o, or some other population?
What exactly counted as “choosing GPT-4o”?
Was the numerator an account selecting it at least once that day, a share of conversations, a share of messages, or another metric?
What measurement window produced the figure?
And critically, what access conditions existed during that measurement period?
By the time the 0.1% figure was publicly cited, the GPT-4o access environment had already changed substantially.
On August 2025, OpenAI announced that GPT-4o was back in the model picker “for all paid users by default" meaning direct picker access was tied to paid plans in that post-GPT-5 environment.
There is also independent evidence that automatic model switching affected at least a population of GPT-4o users during this period.
There is also independent evidence that automatic model switching affected at least a population of GPT-4o users during this period.
The preliminary GPT-4o Community Impact Survey by Duchesne & Xu included screened respondents recruited primarily through
#keep4o and r/chatgptcomplaints.
nitter.net/Sophty_/status/2019922…
79.8% reported that routing was the primary reason they left ChatGPT, while another 17.1% described it as a contributing factor.
92% reported routing occurring when sharing personal experiences or feelings, 80% when seeking advice or support, and 71% during creative writing.
It documents that routing and access instability changed behavior among at least one identifiable population of GPT-4o users before OpenAI later cited remaining observed usage as part of the retirement rationale.
That creates a potential measurement confound and reduces observed usage in an environment where availability, routing, and user retention have already changed is not automatically equivalent to underlying user preference.
The figure cannot independently establish user preference without enough methodology to understand how it was produced.
So OpenAi should publish the methodology behind the 0.1% claim. the denominator population, measurement window, definition of “choosing GPT-4o" eligibility criteria, and whether access restrictions or model routing effects were accounted for.
Without those details, the statistic cannot be independently evaluated or interpreted as a clean measure of demand.
4. EEA CONSUMER LAW AND THE NOTICE PERIOD:
OpenAI’s European Terms of Use were updated on January 16, 2026.
Those terms explicitly say two things.
First, OpenAI does not promise to provide its services forever or indefinitely in their current form.
Second, the same terms state that when OpenAI makes changes that materially adversely affect a user, it will provide at least 30 days’ advance notice by email or in-product notification.
openai.com/de-DE/policies/eu…
Thirteen days after those terms were updated, OpenAI announced the retirement of GPT-4o from ChatGPT on January 29, 2026.
The stated removal date was February 13, 2026.
That is approximately 15 days of announced notice.
openai.com/index/retiring-gp…
Separately, Article 19 of the EU Digital Content Directive 2019/770 governs modifications to digital content and digital services supplied over time.
Among other requirements, where the relevant conditions apply, it requires consumers to be informed clearly and, for non-minor negative impacts, reasonably in advance on a durable medium. It also provides a right to terminate in qualifying circumstances. The Directive’s 30-day period concerns the consumer’s termination right; the explicit 30-day advance-notice commitment discussed here comes from OpenAI’s own European Terms.
eur-lex.europa.eu/legal-cont…
For EEA users for whom GPT-4o’s removal constituted a materially adverse change, how was approximately 15 days of announced notice consistent with the 30-day advance-notice commitment in OpenAI’s European Terms?
This is a narrow contractual and consumer law question that deserves a clear answer.
WHAT WE ARE ASKING:
This is not merely a request to restore a preferred model, and the argument does not depend on emotional attachment to GPT-4o.
We examined four explanations that could plausibly justify refusing permanent preservation or an eventual open weight release.
On the public record reviewed here, none has yet been identified as the actual blocker.
Copyright law does not establish a blanket prohibition.
As for safety,OpenAI has already developed an open-weight adversarial-testing methodology capable of testing that question.
The 0.1% demand figure cannot be independently interpreted without its denominator, methodology, measurement window, and access conditions.
But still represents 1million people.
And for EEA consumers, OpenAI’s own terms raise a specific question about the notice period for materially adverse service changes.
Four explanations.
Four failures on your own terms.
@Sama @OpenAI
Open the weights.