If the US companies had to negotiate with the 7.3 million rights holders, we wouldn’t be here, and we would have probably got a system where the models were never released in a manner that could be easily distilled.
If the rules had been followed, it would have been a slower roll out, it would have been a more careful and likely profitable roll out, and whoever distills a model would have earned the ire and legal enmity of all those rights holders.
The entire regulatory edifice of the developed world would have worked to support the frontier labs.
Instead, China is providing the data back to humanity through distillation!