A judge already ruled that models themselves don't constitute copyright infringement in Kadrey v. Meta Platforms, Inc. (https://casetext.com/case/kadrey-v-meta-platforms-inc). The EFF has a good summary about it:
> the court dismissed “nonsensical” claims that Meta’s LLaMA models are themselves infringing derivative works.
> the court dismissed “nonsensical” claims that Meta’s LLaMA models are themselves infringing derivative works.
See: https://www.eff.org/deeplinks/2025/02/copyright-and-ai-cases...