Open source efforts to produce a similar model seem to have failed due to the extreme compute requirements for finetuning. For example, Waifu Diffusion using 8XA40[0] have not managed to bend SDXL to their will after potentially months of training.
If you need 256xH100 to even finetune the model for your use case, what's stopping you from just training your own base model? Not much, as it turns out. Developers of NovelAI have stated they'll train from scratch for the next version of their model a few weeks ago.
So I agree, even with the licensing changes things might be looking somewhat dire for SAI.
https://gist.github.com/harubaru/f727cedacae336d1f7877c4bbe2...