There is no “agreement” in the files being served from the llama torrent. And since model weights are not a derivative work, but machine generated from the works of others (In many cases without their consent), I’m not sure Facebook could copyright them even if they wanted to.

I've got a weird, probably untrue conspiracy theory about this.

Hugging face releases stable diffusion. It goes viral and vastly outpaces the competition in the blink of an eye. Then they get sued.

Meta sees both of these things go down. Meta needs a leg up on chat GPT, but worries about legal repercussions similar to stable diffusion.

Whoops, it leaked! Hey, we didn't say those dastardly devs could use it.