I downloaded the Llama model using a torrent. That is, I think, enough of a counterexample to show that lawsuits will not stop this. Raw economics are at play here and the legal system usually loses to economic realities.
1) We just need 1 jurisdiction that allows model training.
2) There is no mechanism to stop model distribution short of banning general purpose computing and the internet. That would cause more harm than good.
3) It is already hard and going to get harder to prove these models were trained on any particular piece of art.