It’s not and I called it [1].
We had three options: (A) Open weights (favoured by Altman et al); (B) Open training data (favoured by some FOSS advocates); and (C) Open weights and model, which doesn’t provide the training data, but would let you derive the weights if you had it.
OSI settled on (C) [2], but it did so late. FOSS argued for (B), but it’s impractical. So the world, for a while, had a choice between impractical (B) and the useful-if-flawed (A). The public, predictably, went with the pragmatic.
This was Betamax vs VHS, except in natural linguistics. There is still hope for (C). But it relies on (A) being rendered impractical. Unfortunately, the path to that flows through institutionalising OpenAI et al’s TOS-based fair use paradigm. Which means while we may get a definition (not exactly (B), but (A) absent use restrictions) we’ll also get restrictions on even using Chinese AI.