Anyone distributing infringing material can be liable, and it’s unlikely that this technicality will actually would shield anyone.
Anyone who thinks they have a strong infringement case isn’t going to stop at the guy who authored the code, they’re going to go after anyone with deep pockets with a good chance of winning.
> Anyone distributing infringing material can be liable
There is still the "mens rea" principle. If you distribute infringing material unknowingly, it would very likely not result in any penalties.
Copyright is strict liability. There’s no mens rea required.