Were they used in a commercial context when a commercial entity downloaded it?
If yes, they were in violation of the license. Fyi, that's explicitly stated in the article we're commenting on.
Supposedly they are, that is enforceable how? Download is not anything. Training AI on them is not anything. Using the trained model is not a violation of the terms just because you think it should be.
How do you know what context it was used in?
Supposedly they are, that is enforceable how? Download is not anything. Training AI on them is not anything. Using the trained model is not a violation of the terms just because you think it should be.