You forgot “what is the definition of ‘sufficiently capable’”. Presumably it’s anything that competes with Anthropic. If they’re around in a year, presumably they won’t care about Fable level and will only think that whatever competes with Claude 7 or whatever needs to be restricted.
There are... multiple blog posts online now about how to use freely available data and modest amounts of compute to train a custom GPT-2-sized model from scratch. It would be quite a policing effort to prevent.