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why not?

Obviously because you are now allowed to download and share copyrighted works without permission or cost. At least that seems to be the precedent being set in court cases thus far.

Because the law as it stands says they aren't and Congress may make no ex post facto law.

ok, but that's just one country.

I mean for AI literally the only countries involved are the USA and China. I doubt you think China is going to start respecting IP rights anytime soon.

Mistral is in France.