A company like OpenAI can put whatever licensing they want in place. But that only matters if they can enforce it. The question is, can they enforce it against deepseek? Did deepseek do something illegal under the laws of their originating country?
I've had some limited exposure to media related licensing when releasing content in China and what is allowed is very different than what is permitted in the US.
The interesting part which points to innovation moving outside of the US is US companies are beholden to strict IP laws while many places in the world don't have such restrictions and will be able to utilize more data more easily.