Model weights are not currently considered to be copyrightable, and there is no DMCA/RIAA/MPAA machinery providing additional consequences for "pirating" them. At least for the moment, it's not a big risk to use LLaMA/Alpaca models for commercial use so long as you have not made an agreement with Facebook not to do it.

The OpenAI policy is about competing models, and comes from the TOS of using their API. Stanford agreed to that TOS, then released the text (which is again, not copyrightable). Random people downloading that data set aren't party to that agreement or bound by it.

I'm sure that Google, Facebook, Amazon, Netflix, etc will be cautious here, but for a random smaller org, this is a risk/benefit tradeoff, not an absolute.

A person who takes a torrented LLaMA and finetunes it using the Stanford data set didn't necessarily engage in any contracts prohibiting that.

The original leaker of LLaMA weights broke the rules. That's about it. Tsk tsk.