Note that it is mostly 'answered', but only really for the services and models themselves. Part of the defense in the case where Getty showed that it produced knockoffs of the Getty images was that "well, as the operator you are responsible for the output, not us".

So the operator is still on the hook if someone comes along and claims, even unwitting, infringement. In practice for code that's likely a tall order, as the sloperator is likely to keep their so close as to be a knock off pretty private, or the open source developer lacks the resources to realisticly track down offenders.

Closed source companies are more likely to come after folks, but that's a lower risk because they are so maniacly defensive about their code it probably never trained a model.