If it costs you a billion dollars to train a GPT5 and I can distill your model for a million dollars and get 90% of the performance, that’s a terrible deal for you. Or more realistically, whoever you borrowed from.
Then if you offer your distilled model for commercial services, you would get sued by OpenAI in court.
Then if you offer your distilled model for commercial services, you would get sued by OpenAI in court.