Well its not law. Its more terms of service.

For example, if OpenAI / Anthropic were actually open, other US labs could be building near-frontier open weights models by distilling off OpenAI / Anthropic. But because US companies don't want to be sued, US labs who obey terms of service, will be at a disadvantage to Chinese peers.

Maybe US labs need to just not care and distill from OpenAI / Anthropic anyways?