An attack against what? The sanctity of "their IP" that is itself the result of a massive copyright violation campaign?
even if you disregard training costs, pure inference costs are a problem same reason other api have rate limit. this is an attack to bypass the rate limit.
Has it been proved in a court of law that it is a copyright violation?
In some cases if the model regurgitates the original material then that is clearly copyright violation, but if the model "learns" from the source material just like a human brain would then that's not a copyright violation.