Cloud models are usually protected by trade secret laws, leaking them would get you in trouble. However if the model is made available publicly, as long as you don't break the law to get them, anything after that would be fair game unless Apple can prove that humans have significant authorship over the weights, which hasn't been tested and is a significant burden to prove/disprove.

The Jedi Hand Wave-y nature of the way people talk about AI these days is going to make reigning in the AI superpowers nearly impossible. Because there are people out here who believe models of this quality are easily replicated or reverse engineered. Neither is really doable on any reasonable timeline by people who are not AI experts. Real AI experts. Not TF/PyTorch monkeys or Agent Slop Slingers.

And those people are already highly incentivized to not make anything performing better than SOTA models open source.