But it’s a problem to be dependent on China. 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.

I'm amazed that no one is talking about proposals that are surely being discussed in Washington and pushed by SV lobbyists to restrict Chinese models on national security grounds, or other some other basis.

The belief that Bytedance could engineer a finger on the algorithmic scales to serve the interests of the Chinese Communist Party led to a lot of debate in Washington, and ultimately resulted in TikTok being divested from its Chinese owners. Huawei is shut out from the U.S. market, which limits its business even in markets where it's not banned because it's effectively stamped with a scarlet letter.

IMHO, Chinese models are headed for a similar fate or at least a showdown in Washington or the courts because they are supported and/or controlled by entities which ultimately serve the CCP.