These large tech companies can't have their cake and eat it too.
In Asahi Linux specifically, there was not long ago a PR for M3 or similar for removing a big roadblock that existed (and I think still exists). Turns out this whole PR was implemented by an LLM (using copyrighted materials, probably most of it is Apple's) and it was immediately closed. Yes, it's a problem and illegal.
Either everybody gets to use it or nobody does.
Especially that the code getting trained on is for the vast majority copyrighted open source software so if anybody has something to say, it's the opensource community rather than Apple
It doesn't matter if they can't prove it, their legal budget is just too big compared to anything Asahi team can do.