One of the common elements of training sets for these models (including LLama) is the Books3 dataset, which is a huge number of pirated books from torrents. That's exactly what you described.

Regardless, the lack of a license cannot give you more permission than a restrictive license. You're arguing that if take a book out of a bookstore without paying (or signing a contract), then I have more rights than if I sign a contract and then leave with the book.