This is all a moot point because there's no way you can copyright a model because you can just randomly perturb weights and still be fine.

What does copyright have to do with anything? You also cannot copyright an encryption algorithm, but the US Government banned essentially mathematics for YEARS[0].

[0] https://en.wikipedia.org/wiki/Export_of_cryptography_from_th...

You can randomly shift every pixel in a movie by +/-1, doesn't make the original not copyrightable.