Legally no, but I think an honest reading of the 'fair use' statute doesn't actually pass the 'doesn't compete with the author's original work' aspect of fair use, even if the use is transformative.
People expect the US to apply rules evenly to both American AI efforts and that of its primary geopolitical rival. China certainly doesn't do that. Their entire economy is based around giving Chinese firms the advantage regardless of what it means for the wallets of consumers at home or abroad.
Since that's who we're playing against, and no one is going to willingly give up their open-weight models from the totalitarian rival, well, then use their ruleset.
It's that or punish the theft by making the US companies pay for their training data and blocking outside efforts that trained off the data the US companies stole.
(/s if it wasn't obvious)
Being serious, it is far more likely, especially given the events of the past 18 momths, that Trump is just doing autocrat things because he can, and ultimately doesn't really care what is and is not good for American business as long as he continues to grow his wealth through corrupt behavior.
Yeah, he really is. It's awful. We're creating a class of elites that are accountable to no one, and their hold on power is slowly becoming sanctioned by law. It wouldn't surprise me if we soon had a system where there were people in various professions who considered themselves professional Trumpists who got to steer the fields they were in according to the diktats of the party. You would have to be in-line with their ideology to get anywhere in a career, whether it be in industry, politics, arts, or science. It'd suck.
You know where you see a fully-developed version of this idea?
China.
It's to punish theft.