This is mostly just to reiterate myself as the original question was "Does this matter?"

Everything else is simply justifying why it shouldn't, the specifics don't really matter as there is no legal framework to stop china from continuing to distill models and anthropic has proven they cannot use software solutions to stop it either as distillation is still a problem. But I do still believe it wouldn't hold up in court either way as stopping companies from generating training data which was trained on the entire human knowledge corpus is just stealing from thieves and making it 'open' once again so the argument only gets weaker.

edit: to add, the mickey mouse / nyc was because anthropic trained on LICENSED works, not apple to oranges. The original work it was reciting was licensed and not licensed BY anthropic.