Really the conversation should be reframed to be something along the lines of “is it even ethical for these companies to offer their LLM as anything other than open source”? The answer, if you look into what they do, is “probably not”. Arguing about the technicalities of whether they follow the letter of whatever rule or regulation is probably a waste of time. Because it is completely obvious to anyone who understands how this works that these models are built and sold off the backs of centuries of open source work not licensed or intended to be used for profit.