This is undecided by courts.

From what I’ve found from some simple research, it’s possible that if it’s reproducing the same information as another user that the website is protected, possibly even if the LLM modified the exact presentation of that information.

If it’s creating new claims, then I think it’d be likely that whoever is running the service would be liable. Who knows though, since they might just claim that the new claims are from its training data and therefore they are protected.

In an ideal world, we’d just follow Germany’s example and hold the website liable for any new content generated by a LLM. Ideally, if you make shit up, you made the claim, and if you’re parroting a user, the user made the claim.

I’d imagine due to current circumstances, the US would want to shield AI companies though because politicians want money and the SCOTUS is useless.