Definition for Open Weights Licensing
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To me, the openness and auditability of weights is the most important. Right now we're heading quickly towards a world where CyberDyne dominates the AI landscape and you're either going to be with them or not involved. In that case, forcing a potential user to contribute weights back will create a more robust ecosystem for so-called personal AI. There is no better license for that then some version of GPL.
This is the flaw in your logic. If the weights are freely available, they can not be sold for much value. That will in turn mean there is no "another OpenAI", because the core product, AI, will basically be freely available.
Certainty it would be easier to set up an API for a given model than providing what RDS does, to borrow from your example.
This is unironically best scenario for me. Multiple competing companies build infra that I can pay to use, instead of me building my infra that is powerful enough to run giant models.
I'm still suspecting that model weights aren't copyrightable, though.
Personally I think the truth is greyer than black and white.
I'm no expert in ML, so perhaps I am ignorant as to what information is truly needed to reproduce results. I just cant help but think you'd need some hints at the model architecture itself as well.
But this recent paper shows MoE seem to benefit a lot better with Instruct training than their dense counterparts. https://arxiv.org/abs/2305.14705
If the model is copyrightable, they can prohibit you from running the model for a commercial purpose, even if they don't have copyright on the output.
If weights are copyrightable, then you need permission to copy them into computer memory/run them, just like any application.