Sure, I'm just saying that in that cost-benefit analysis the 'risk of case failing and getting nothing from it' is significantly lower; it's your call as a consumer to do your due diligence and decide:
"I don't think they'll be bothered chasing after me"
vs.
"If it came to it I think the court will rule that they don't have a case after we play the pay-the-lawyers-all-the-money game"
vs.
"how screwed am I if they do, I lose and I have clearly, blatantly and provably violated their terms of service"
^
...because, and this is the point I'm making. There is no question; it is very very obvious if you do this, and it's not very difficult for them to prove it.
All they need is to slap you with a discovery order, look at your training data, and compare it to their output logs.
"I don't think they'll be bothered chasing after me"
vs.
"If it came to it I think the court will rule that they don't have a case after we play the pay-the-lawyers-all-the-money game"
vs.
"how screwed am I if they do, I lose and I have clearly, blatantly and provably violated their terms of service"
^
...because, and this is the point I'm making. There is no question; it is very very obvious if you do this, and it's not very difficult for them to prove it.
All they need is to slap you with a discovery order, look at your training data, and compare it to their output logs.