"If, on the Meta Llama 3 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights."
IANAL but my read of this is that Apple's not allowed to use Llama 3 at all, for any purposes, including comparisons.
They can just run the same tests and cite the results from other websites. That has nothing to do with Meta. No companies can force you to not talk about them.
The tests they ran were very different from what's usually run, mostly involving perception of usefulness to humans. I don't see what website they would've cited from?
"If, on the Meta Llama 3 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights."
IANAL but my read of this is that Apple's not allowed to use Llama 3 at all, for any purposes, including comparisons.