It is misrepresentation for gain, that gain does not need to be monetary to be material. For example, it can be reputational.
It also is copyright infringement, because what the LLM “generates” are actually portions of its training set, which were covered by copyright. Just passing through an LLM does not remove that copyright from that work.
It also is copyright infringement, because what the LLM “generates” are actually portions of its training set, which were covered by copyright. Just passing through an LLM does not remove that copyright from that work.