If I’m understanding this correctly, you can’t run this in a commercial setting, even if you’re not creating a derivative but simply generating outputs?
If the claimed_model is trained from scratch, the new model will have 0 capability (basically generate gibberish words or noise). If it is a derivative of the suspected model, it will do something sensible.
It is a bit more interesting for diffusion model because you can fine-tune to a different objective, making this investigation harder to do, but not impossible.
Additionally, certain prompts will produce nonsensical but specific outputs known only to BFL.
I'm actually all for open training but I think it's only fair you treat the model as your treated the life's work of others.