Excellent article; the argument towards the end for allowing distillation for US companies is compelling:
To that end, here’s an even more interesting question around distillation: why exactly is it bad? After all, what are large language models but the distillation of all of the knowledge on the open Internet, scraped by the frontier labs and distilled into the models that are themselves being distilled? Who is exactly being wronged here?
In fact, this paradox is the solution. I believe that open weight models are good for innovation (and, per the above, I think that labs on the frontier will be fine), but it’s a problem to be dependent on China. The U.S. should pass a law that (1) makes explicit that collecting data for training models is fair use, and (2) bars terms of service that forbid distillation, for U.S. companies at a minimum. Stopping distillation — which is literally just querying the API — is nearly impossible; the U.S. should go the other way and lean into a new copyright policy that both indemnifies the labs and also guarantees that what they learned fuels further innovation for everyone else.