Malicious is relative.

If you got infected by ransomware and someone wrote a virus that defeats the ransomware, the author of the ransomware will consider it malicious but you probably won't. The intent is not malicious if you consider the intent of someone susceptible to this is more malicious.

By this time they must be aware that LLMs are based on theft and usually GPL-violation. They knowingly continue to use them because I guess they hope this way they can hold on to their job longer than their more conscientious coworkers.