Agree, and this is exactly what Anthropic is alleging.
> data you get from distillation is first and foremost not owned by anthropic nor is it copyrightable. If a user willingly gives up their anthropic reasoning data/traces that is 100% legal no matter what the "terms of service" say as it's not enforceable and would fall apart in court.
It's important to note this is NOT what happened. Anthropic was able to trace data directly back to employees at the company: "We attributed the campaign through request metadata, which matched the public profiles of senior Moonshot staff."
> none of the quoted laws apply here since no trade information is stolen
There is a lot of work showing Kimi models produce similar outputs to Anthropic models, which constitutes trade information. This is not dissimilar to past and ongoing IP suits against Anthropic and OpenAI by showing the models would recreate images of Mickey Mouse/NYT articles etc.
For the record, I'm a researcher myself and I'm well aware how competent the researchers are at the open-source labs/how much they've contributed. But that's not at issue here, my disagreement with you is specific to your arguments about legality; you're conflating what you think should be legal with what actually is legal.
Everything else is simply justifying why it shouldn't, the specifics don't really matter as there is no legal framework to stop china from continuing to distill models and anthropic has proven they cannot use software solutions to stop it either as distillation is still a problem. But I do still believe it wouldn't hold up in court either way as stopping companies from generating training data which was trained on the entire human knowledge corpus is just stealing from thieves and making it 'open' once again so the argument only gets weaker.