It's no different than humans taking inspiration from IP and copyrighted works in their own creative endeavors. Imagine if programmers were unable to learn from open source. Or artists were unable to mimic styles and storylines. Musicians can't riff on things that others created.
What's the difference between getting a speeding ticket from a cop using a radar gun, and hundreds/thousands of automatically issued tickets from a combined radar/ALPR?
If it's "learning" is to be seen in the same context as a human, then the punishment/ repercussion for hacking and causing real harm should also be similar to what a human might recieve.
It cannot opportunistically morph between a human for benefits and a machine for liability.
It is different. The scale makes it different. It's different when it is all copyrighted works and IP. It's different when you solve Navier-Stokes by taking "inspiration" from a researcher's private work.