Earlier quoted context omitted.
> then surely a model distilling another model is transformative and fair use. Yes it is, in the legal/copyright sense of fair use. That's why they ban it in their TOS. Which customers agree to when signing up for the service.
My website’s TOS says not to use it to train AI without permission, yet my website is in the training set of all the big models. So… my TOS doesn’t matter, but theirs does?
Wilhoit Conservatism: In-groups protected by contract law but not bound by it, alongside out-groups bound by contract law, but not protected by it.