Comment by notahacker

We know for a fact that some LLM developers made digital copies of lots of copyrightable material for the purpose of training a system to create [unattributed] derivative works which had licenses expressly forbidding ingesting the content into an information retrieval system for the purpose of creating derivative works [without attribution], and that derivative works were produced, some of them containing substantial portions of content recognisably identical to copyrighted material.

LLM providers are free to argue in and outside court that EULAs or software licences are not applicable to them or enforceable at all, or that their specific actions fell short of violations but it's far more prejudicial to wade into conversations to try to shut down any suggestion that it might be possible to do anything unlawful with an LLM.