Of course nothing applies if there are no derivatives works.
So, once again, the point stands.
It's funny because you can just look at the current legal landscape about how people using these AI models are doing fine.
You can download whatever AI model you want and you aren't going to get in trouble and there are trillions of dollars worth of companies being created.
Yet despite the fear mongering, the government isn't shutting them all down.
The AI companies won. AI is everywhere. And it's not being taken down by the government. Game over.
And this has been obvious for over a year now.