So, let's say that rather than actually touching any copyrighted material, a human merely tells an AI about how to go onto the internet and find copyrighted material, download it, and ingest it for training. The AI, fully autonomously, does so, and after training itself on the material deletes it so no human ever downloads, consumes, or shares it.
If we are saying AI is "more than a tool", which seems to be the case courts are leaning since they've ruled AI output without direct human involvement is not copyrightable[0], then the above seems like it would be entirely legal.
Someone would likely get prosecuted if they instructed AI agent to run say a pump and dump scheme...
Even if the final output doesn't have copyright protection it might still be copyright violation. I think it could be reasonable to have work that itself violates copyright when distributed even if it does not have copy right itself.