[protocolture]

I still dont think this has legs, precisely because of this case.

They accessed the material through piracy. They never accepted a TOS. They will probably get away with acquiring the material however they liked because of fair use.

The technicality is that they redistributed the material because of seeding, which is a no no.

That said, you might find inspiration in Midjourneys TOS. Anyone paying less than a Business plan agrees that anyone else on the platform can sample your output and your prompt.

[Terr_]

While this won't work too well when the access is indirect via a piracy or a "rogue contractor", it can be applicable to the web-crawlers the companies are directly running.