It isn't even as simple as banning copyrighted copies.
Weights are fungible.
I fine-tune an open weigh model and call it legit. Good luck for authorities to prove where the base model was from, or to prove a Tor connection a few months ago was fetching suspicious bytes.
Sure, and you could also go on Tor and buy all kinds of illegal things and they could have a hard time proving that you ordered them and not your arch nemesis to frame you. Banning those things won't stop 100% of people from buying and selling them, but it probably reduces the number who will. And more importantly, companies would be more risk averse on such a thing when they can just buy a similar product with no risk. They also will mostly avoid any GPL software entirely even though the risk there is a lawsuit from the FSF, which is a much less threatening thing than getting on the wrong side of the current US government.