It can be both, there have been people criminally prosecuted for copyright infringement.

I will admit that it's not something that I follow daily, so I had to look for an example. But it wasn't hard to find one.

https://www.ca4.uscourts.gov/Opinions/Published/055157.P.pdf

Criminal piracy is commercial piracy, which not even the people suing AI companies are accusing them of doing. Note the very first line in your court opinion:

> After selling 100 "bootleg" DVDs

But that's a fair point. I probably should have specified.