So this hinges on a reading of SB 1047 that interpreted the full shutdown requirement as impossible for an open-weight LLM. But it looks like that was already addressed. Here's an analysis:
>Clarifying the scope of a “full shutdown.” SB 1047’s “full shutdown” requirement has been a source of constant consternation for the open-source community. CalChamber explains:
>Under SB 1047, developers must build “full shutdown” capabilities into their models and may be held liable for downstream uses over which they have no control, impeding their ability to open-source their models. Ultimately, liability should rest with the user who intended to do harm, as opposed to automatically defaulting to the developer who could not foresee, let alone block, any and all conceivable uses of a model that might do harm. While recent amendments seemingly seek to narrow what is meant by “full shutdown” capabilities, the exclusions are unnecessarily difficult to interpret as drafted (full shutdown “does not mean the cessation of operation of a covered model to which access was granted pursuant to a license that was not created by the licensor…”) and altogether insufficient.
>Committee amendments simplify and clarify the definition of “full shutdown” such that the shutdown capability can be implemented into hardware used to train or run a model, rather than the model itself. The amendments also serve to exclude covered model derivatives that are outside of the developer’s control.
> may be held liable for downstream uses over which they have no control
Equivalent to a ban. Nobody is going to host or invest in this stuff if they suddenly become liable for everything it does. This is equivalent to repealing the safe harbor provisions in the DMCA.