It's all kind of irrelevant. If they are not copyrightable, then most companies will simply hide them behind an API. There is no law saying these companies must release their weights. The companies are releasing their weights because they felt they could charge for and control other things. Like the output from their models.

If they can't charge for and control those other things, then we'll likely see far fewer companies releasing weights. Most of this stuff will move behind APIs in that scenario.