“This is a point that bears repeating: because U.S. open weight model makers must follow the frontier labs’ terms of service, they (1) are worse than Chinese alternatives and (2) end up distilling the distillation, just with a detour through Chinese labs. Wouldn’t it be better if western open weight model makers could go to the source?

…

The U.S. should pass a law that (1) makes explicit that collecting data for training models is fair use, and (2) bars terms of service that forbid distillation, for U.S. companies at a minimum. Stopping distillation — which is literally just querying the API — is nearly impossible; the U.S. should go the other way and lean into a new copyright policy that both indemnifies the labs and also guarantees that what they learned fuels further innovation for everyone else” [1].

[1] https://stratechery.com/2026/whos-afraid-of-chinese-models/