I'm overall pro-Anthropic and pro-banning open-weights AI, but I agree with the parent commenter; distilling Claude models is not that different from pretraining on web data. It's all basically the same sort of thing.

I think a good litmus test here would be if Anthropic were to not care about distilling their models when the distillers keep the resulting models closed-source and sell tokens via an API. If they cared only about security concerns and not about people profiting off of their work, then they should be publicly fine with this and only protest against it going into open-weights models.