Those would have to be some rather corrupt courts to agree to such theft. What's next? Agreeing that if you are out on the street it's fair game to be robbed?
Inference is where things get more muddled. If I download a pirated copy of La La Land, that's illegal. However, if I watch it and then explain the plot of the movie to you in detail, that's fair use. It remains an open question whether or not inference via an LLM represents fair use or not.