alt Hacker NewsThis happens all the time. The government can decide legislatively that certain commercial terms are simply unenforceable. Making distillation clauses unenforceable in tort law would be straightforward. They can decide what customers they want to have, but they do not have unfettered rights as to the enforceability of terms governing the relationships between the parties.
I'm not doubting it's possible to pass such a law, I'm doubting that's it's a practical or worthwhile goal.
The terms of service don't even necessarily matter here. OpenAI could cancel your account for almost any reason, or for no reason at all. They don't particularly need to cite a ToS violation just as a store owner doesn't need to point to a written policy to kick you out of their store.
If the underlying issue is that LLMs should be regulated as a public good, then lets have that discussion. If it's that the major AI companies are becoming too powerful and anti-competitive, let's talk serious anti-trust enforcement. Micro-managing business policies isn't going to work very well.