If I make a better search engine than Google and take away their ads business, I have damaged them, but I am not liable.
The argument here is that Facebook does not actually own LLaMA, because they don't own the training data, they didn't have humans curate the training data in a creative way, and the actual training process is purely mechanical. If LLaMA is not copyrightable then you cannot be liable for copying it.
> But financial damage on programs distributed for free is…nothing.
Not necessarily.
For instance, if the program is distributed free for a limited set of purposes under a license, but available for a negotiated license (with payment) for other purposes, then the reasonable market value of a license without the restriction would be actual damages.
If I make a better search engine than Google and take away their ads business, I have damaged them, but I am not liable.
The argument here is that Facebook does not actually own LLaMA, because they don't own the training data, they didn't have humans curate the training data in a creative way, and the actual training process is purely mechanical. If LLaMA is not copyrightable then you cannot be liable for copying it.