It seems to me you can't have it both ways; either training is a violation of copyright or it isn't, and there's no consistent argument where "distillation" is a violation but other things aren't.
Bringing the prices of monthly subscriptions much closer to API rates would kill the arbitrage business and make distillation a much more expensive (and harder to hide) activity. Raise one, lower the other - whatever.
https://www.techopedia.com/trump-administration-openai-train...