The intent of this question is to get at whether the open-source community, and/or random torrent pirates or darkweb people or whatever, will be able to download and then run a model as generally capable as GPT-4. (Assuming they have the right hardware). Doesn't have to be legal; if a hacker steals the model and sells it for $$$$ on the darkweb that still counts, if lots of different hackers on the darkweb are able to get it. (If instead it's a one-off sale to someone else who doesn't resell it, that would not count.)

In case of conflict between the "spirit" and the "letter" of this question, I'll resolve in favor of the spirit.