Limits but doesn't prohibit. See https://www.primeintellect.ai/blog/intellect-3 - still useful and can scale enormously. Takes a particular shape and relies heavily on RL, but still big.
It is in some cases. NVIDIA's models are open source, in the truest sense that you can download the training set and training scripts and make your own.
Yeah, turns out if you want to train a model without scrapping and overloading the whole of Internet while ignoring all the licenses and basic decency is actually hard & expensive!