I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.
I didn't know it was already settled law. But in that case, why are models like llama still released under licenses? If they are non-copyrightable, licenses should be unenforceable and therefore irrelevant.
Basically it's gated and not publicly available, and the only way to open the gate is to say "I promise not to do anything outside what you are limiting me to do."
A second person that gets access without agreeing to that can use the weights however they want (what copyright would relate to), but the person who gave them access to the weights would have been in breach of their agreement.