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What IP, precisely, was stolen? Because copyright on LLM output is commonly assigned to the prompter? Or should the model providers own model output? That'd make open models the *only* viable path to use coding agents?
We support open-source AI and the innovation it unlocks. But open source is not open season on American IP. When PRC firms conduct covert, industrial-scale distillation attacks that cross the line into IP theft, sanctions and Entity List designations will be on the table.
There's no legal precedent that model outputs are IP. I'd argue it also doesn't stand up conceptually. The frontier labs are under no obligation to have their APIs be available to these customers, and can protect model generations in other ways if they want to.
We support open-source AI and the innovation it unlocks. But open source is not open season on American IP. When PRC firms conduct covert, industrial-scale distillation attacks that cross the line into IP theft, sanctions and Entity List designations will be on the table.