If you upload an illegal copy of a book and I download it, not realizing or caring that it’s pirated, and then I re-upload it elsewhere, you and I have both committed copyright infringement. This feels like the same thing.
I suspect the case will depend largely on whether the ways that the models were trained using her works qualify as fair use.
Your example is faulty. If you upload an illegal copy of a book and I read it then tell people all about it, I am not committing copyright infringement
If you use that illegal copy to create a work, then your copy infringes copyright (unless it falls under fair use). LLMs don’t count as people in any legal sense, and training them doesn’t have a legal status comparable to a real person reading books.
If you upload an illegal copy of a book and I download it, not realizing or caring that it’s pirated, and then I re-upload it elsewhere, you and I have both committed copyright infringement. This feels like the same thing.
I suspect the case will depend largely on whether the ways that the models were trained using her works qualify as fair use.
Your example is faulty. If you upload an illegal copy of a book and I read it then tell people all about it, I am not committing copyright infringement
If you use that illegal copy to create a work, then your copy infringes copyright (unless it falls under fair use). LLMs don’t count as people in any legal sense, and training them doesn’t have a legal status comparable to a real person reading books.