> We have evidence of LLMs reproducing code from github that was never ever released with a license that would permit their use. We know this is illegal.
What is illegal about it? You are allowed to read and learn from publicly available unlicensed code. If you use that learning to produce a copy of those works, that is enfringement.
Meta clearly enganged in copyright enfringement when they torrented books that they hadn't purchased. That is enfringement already before they started training on the data. That doesn't make the training itself enfringement though.