Earlier quoted context omitted.
Weights are data, not a type of program. A computer program is a set of instructions that may be executed. Weights are values that may be loaded by a program, but are not a program in and of themselves.
But not "raw" data. They are derived from other data and a program. If this was a collaboration where one collaborator did the processing and one sourced the data, they would likely both claim some amount of ownership of the trained weights. At a minimum, it would be an active area of negotiation that the attorneys would take notice of. Source: have negotiated these agreements.
I imagine it is not settled law, but there's a clear argument to be made that regardless of the difficulty in curating the data set, it's still a data set.
Can it be licensed and sold. Yes, surely. Is it proper to pretend an open source license is sufficient protection, probably not.