The top AI companies don't release their best models under any license. They're not even distributed at all. If you did steal the weights out from underneath Anthropic they would take you to court and probably win. Putting software you develop exclusively behind a network interface is a form of ultra-restrictive DRM. Yes, some places are currently trying to buy mindshare by releasing free models and that's fantastic, thank you, but they can only do that because investors believe the ROI from proprietary firewalled models will more than fund it.

NVIDIA's advantage over AMD is largely in the drivers and CUDA i.e. their software. If it weren't for IP law or if NVIDIA had foolishly made their software fully open source, AMD could have just forked their PTX compiler and NVIDIAs advantage would never have been established. In turn that'd have meant they wouldn't have any special privileges at TSMC.