In the LLM intellectual property paradigm, I think this registers as a solid "Who cares?" level offence.
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Outright theft is a meaningless term here. The new rules are different.
The AI space is built on "traditionally" bad faith actions. Misappropriation of IP by using pirated content and ignoring source code licenses. Borderline malicious website scraping. Recitation of data without attribution. Copying model code / artifacts / weights is just the next most convenient course of action. And really, who cares? The ethical operating standards of the industry have been established.