Does this matter? Distillation is not illegal by every definition of the word. There are millions of samples available on huggingface and models explicitely trained on output produced by fable. There has been no action taken against them. Another example is that it appears that the upper limit of what you can do is ultimately dependent on people working on the model, otherwise grok would be a LOT more competitive pre…
I agree distillation isn't illegal; I also think Moonshot/Kimi is very impressive. But the more interesting question is whether labs like Moonshot can be a real competitor to OpenAI/Anthropic. If you can only play catchup (however quickly you do that), then you're never going to be at the frontier - I think that's why distillation matters.
Actually, that has already happened in many domains, it's just that most western people (USA especially) won't admit it.