It doesn't make it *right*, but it does make claiming it is *wrong* inconsistent with their own behavior. This could prevent the US companies from suing the Chinese companies seeking an injunction (due to the "unclean hands" doctrine), and probably blocks them from seeking monetary damages in most US jurisdictions.
And suing may undermine the US companies own intellectual property claims by exposing their shaky foundations. An AI model isn't *expression*, so it can't be copyrighted. Insofar as the service allows the underlying model to be deduced through regular usage, trade secret protections don't apply because that's *reverse engineering*, which trade secrets don't prevent.
This leaves violations of terms of service. But setting aside the dubious enforceability of anti-reverse engineering provisions, the Chinese companies may not even be parties to the ToS agreement if they are obtaining the model data through a network of contractors and shell companies.With only moderate paranoia, they can effectively shield themselves from some kind of US tort claim.
Which leaves them with the model they've created from the US company's model, but which the US company has no IP claim upon. If I download a DeepSeek model that's been (hypothetically speaking) trained on Claude, Anthropic might not like that, but what can they do about it?
It's a strange situation. US investors are spending cumulatively on over half a trillion dollars a year in the hope of owning a breakthrough frontier model that is the end of the economic world as we know it. But the essence of the model might not be intellectual property at all.