Comment by alphan0n

Right, strictly speaking, the vast majority of copyright infringement falls under liability tort.

There are cases where infringement by negligence that could be argued, but as long as there is clear effort to prevent copying in the output of the tool, then there is no tort.

If the models are creating copies inadvertently and separately from the efforts of the end users deliberate efforts then yes, the creators of the tool would likely be the responsible party for infringement.

If I ask an LLM for a story about vampires and the model spits out The Twilight Saga, that would be problematic. Nor should the model reproduce the story word for word on demand by the end user. But it seems like neither of these examples are likely outcomes with current models.