I know because I wanted to, as a form of protest/performance art, train a model to a few Disney movies and publicly distribute, but legal advice was this would put me directly into hot water not just because of who im pissing off (which i knew and was comfortable with) but also the fact there was precedent (i.e. news papers suing LLM providers).
It would be an open and shut case that would leave me in financial ruin.
The reason openAI hasn't been struck with this yet is, who has the time? and there isn't much to learn from all that either. Most open source tooling out competes openAI's offering as is, so the community wouldn't really win beyond punishing someone.
Whereas meta suing you into radioactive rubble is straightforward.