I feel like you are being pedantic here. If we all agree that an LLM being trained on copyrighted material without authorization is a copyright-laundering machine, then the consequence is that copyright is dead.

I don't really care who we should theoretically punish: once it's out there, it's out there for good. Maybe it's already too late, and the LLM people just broke copyright for everybody (or worse: they broke it for honest people). So much for making the world a better place.