While not formally triggering the ASL-3 standard as defined at the time, Anthropic had not ruled out that it was an ASL-3 model. The commitment was to have ASL-N+1 defined by the time you're working with ASL-N models; not having done evaluations to determine if you're working with an ASL-N model is not a Get Out of Jail Free card for failing to uphold your prior commitments.
In the world of open source, relicensing is notoriously difficult. It usually requires the unanimous consent of every person who has ever contributed a line of code, a feat nearly impossible for legacy projects. chardet
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