That had happened progressively, thumbnails for example were ruled as fair use later on, DMCA safe harbor was a huge gift for tech companies because otherwise it would curtail the ability to create platforms (relaxing copyright protections in exchange of innovation)
> Nobody copied Anthropic's code. They used it's output to train another model. At most they violated some terms of service
Distilling a model is a method that can push the entire market to low margins and prevent companies from making money off such research. It also copies the Anthropic special parts (RLHF and other specific methods) rather than the "copy of the entire web" part
This is similar to what happened with Chinese reverse engineering of American manufacturing or PC clones killing IBM PCs.
Is it in the interest of the USA, probably no, that's why I assume this will be backed by law eventually