Language is all just sounds and markings. Anything can be redefined to mean anything, and anyone can decide to aggressively assert their preferred definition of a word.
Of course, you can assert that the meaning of "steal" only applies to physical items. You are well within your right to do so. You'd be wrong, but you can do it.
To be fair when someone tries to shift the meaning of words everyone doesn't just have to go with it to appease the large corporations trying to do that. I of course don't mean intellectual property rights or copyright infringement, you can perhaps apply the word "steal" there, not when talking about LLM traces which are currently legally uncopyrightable, though. Unless we're actually talking about someone breaking into Anthropic's servers and stealing their files, then again... if you do that you can always just blame the LLM you used.
This is the same use as "the baseball player stole third base". Nobody is depriving anyone of anything, nobody is committing a crime. It is simply: someone has obtained something in a way someone else did not intend.
There's no legal claim being made here, you have made it up.
It's more than that. By claiming that copyright infringement isn't stealing, they're usually doing so to justify such behavior: if the original thing remains with the owner, it couldn't have harmed him, could it?
(And yes, "legally" matters, because we're talking about laws in this thread, not colloquial "their life was stolen" type expressions.)
This question is obviously (hopefully) rhetorical, no need to answer. My point is that different crimes are different. Otherwise literally every crime is stealing, and no other words for different crimes matter. Obviously different crimes are different.
In most U.S. states, the actual crime will be a specific reference to a section in a Penal Code (or, for Federal crimes, the U.S. Code). For civil actions, it's likely to be a reference to a common-law tort, or some Federal statute providing a private right of civil action.
In the case of taking a physical object from someone else, most states call it "theft" in the penal code, or "conversion" for the common-law tort.
But all of this is academic anyway. I'm not entirely sure what your point is.
I edit my reply as you were responding to make my point explicit.
But to answer your question more directly, here's the most common example: https://en.wikipedia.org/wiki/Theft_of_services
And another for good measure: https://en.wikipedia.org/wiki/Identity_theft
It might be criminally prosecuted, but "stealing" has a precise definition that usually implies removing someone else's possession.
The real issue with Anthropic, OpenAI etc. is not that they have used all of our public knowledge for training their LLMs. Creating new work from old and learning from prior generations is what we all do. The issue is that they want to claim all of the benefits for themselves. They are standing on the shoulders of giants and have contributed an inch themselves, yet want to privatize the power of the whole giant. We shouldn't let them "own" these models.
The influence on society by AI is so novel that it's reasonable to craft new laws specifically for them. There are a lot of ways to deal with their power grab. We could force them to open source the models after two years. Or we could tax tokens or compute. We just need to agree that the power grab is the problem, the privatization of our cumulative knowledge, and not some details about copyright infringement.
[1] I know I'm going to risk dissent just by putting quotation marks here. But I think for this topic specifically it is crucial to understand that intellectual property is an arbitrary social/legal construct. With physical stuff, there is an inherent scarcity. If you steal my smartphone, I no longer have it. If you steal the character from my book, I... have a harder time selling my next book? Our ancestors have invented copyright to solve a specific problem, but the solution has become perverted over time. There are a lot of egregious cases out there (looking at you, Disney), but even relatively tame success cases don't look good. Society has paid J.K. Rowling a literal billion for her work and still this cultural touchstone of a generation remains privatized. Imagine what other authors could have build upon her stories, if only they were allowed to publish their own stories with these characters. She has not been a particularly good steward in the past decades.
No, otherwise there would be a straightforward "non-commercial" clause. Instead there's a 4 part test, which takes usage (commercial or not) into account, but doesn't hinge solely on it.
>... In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
>1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
>...
If they really meant "non-commercial use only", they sure did spend a lot of words to not say that.
For example, consider my browser cookies that authenticate me to HN right now. Nobody even wants to copyright them, but if you were to somehow acquire a copy I'd very much consider it "stealing."