The models aren't committing any felonies at all, any more than a BitTorrent client is guilty of violating copyright law. A human or organization of humans owns the computer. A human flipped the power switch, a human plugged in the Ethernet cable and a human typed in the prompt. That's who committed the felony.

Blaming tools for the actions of their users is stupid, whether you're talking about AI models, 3D printers, or guns. It amounts to collective punishment of the vast majority of users who aren't misusing the tools.