There are organisations that are capable of reproduction (e.g. EleutherAI), but yes, you're right, not having the data is largely irrelevant for most users.

The thing that bothers me more is that it's not actually an open-source licence; there are restrictions on what you can do with it, and whatever you do with the model is subject to those restrictions. It's still very useful and I'm not opposed to them releasing it under that licence (they need to recoup the costs somehow), but "open-source" (or even "open") it is not.