Stealing is stealing. Let's stop with the double standards.
They make money off the model weights, which is fair use (as confirmed by recent case law).
Please keep in mind, copyright is intended as a compromise between benefit to society and to the individual.
A thought experiment, students pirating textbooks and applying that knowledge later on in their work?
In my opinion, it will be upheld.
Looking at what is stored and the manner which it is stored. It makes sense that it's fair use.
If by "what is stored and the manner which it is stored" is intended to signal model weights, I'm not sure what the argument is? The four factors of copyright in no way mention a storage medium for data, lossless or loss-y.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
In my opinion, this will likely see a supreme court ruling by the end of the decade.