Considering the likelihood of Moonshot being able to collect a judgement for violating these terms in an American court is basically zero, and the relative ease of finding the weights without the licensing agreement, "have to pay" seems very generous.
Overusing a piece of software in violation of a TOS/license agreement is radically different than employing human agents to conduct on-the-ground corporate espionage.
Most enterprises capable of running that much gear won't take that risk even if it is unenforceable. Oracle has made a great living threatening audits of companies who download its updates.
Yeah, but only Western companies who might have to defend themselves in court. I have no doubt that pirated copies of Oracle DB and the JDK are frequently used in China.
Or, you can just not pay and save that money to defend yourself in case they do sue you. Because it isn't established that model weights are copyrightable.
It's a license agreement, not copyright. I give you this thing under certain conditions you agree to. That's not simply about copyright. You agreed in a contract not to do something. Some contracts aren't enforceable but there has to be some major reason. By default people and businesses are free to agree to contract terms they want to.