If you mean the ruling has absolutely no applicability when it comes to using the model then, no, that is incorrect:

Judge Alsup, in his ruling, specifically likened the process to reading text and then using the knowledge to write something else. That’s training and use.

How are you verifying that the AI is writing "something else" and not something that's verbatum in its training material?

Publishing pirated copies of books on libgen isn't the same as downloading pirated copies of books from libgen. Neither is legal.

In many places that's a fairly recent development: publishing pirated IP used to be much more of a legal problem than consuming it.

Also publishing pirated IP without any monetary gain to yourself also used to be treated more leniently.

Of course, all the rules were changed (both in law and in interpretation in practice) as file sharing became a huge deal about two decades ago.

Details depend on jurisdiction.

Many jurisdictions outlaw sharing but not copying. Downloading is legal in those places but publishing is not.