The company who trained the LLM. They're the one's who used the copyrighted material in their training set. Claiming they were unaware is not an excuse.
It's an interesting conundrum. If I take an extremely large panoramic photograph and then fail to censor out small copyrighted sections of it, am I violating copyright law?
It's not a perfect analogy by any means but it does serve to illustrate the difference in intent between distributing a particular work versus creating something that happens to incorporate copyrighted material verbatim but doesn't have any inherent need to or purpose in doing so.
> If I take an extremely large panoramic photograph and then fail to censor out small copyrighted sections of it, am I violating copyright law?
It depends. Is it just under copyright, or is the featured location trademarked too? Is the photograph for commercial purposes? Is the featured location generally accepted as being part of a cityscape / landscape?
