I imagine the ones creating and distributing the model. Even if you only got sued when you hosted a model and not when you shared it, it still doesn’t make for a good ecosystem. Regular people should have the choice to use models even if it spits out garbage for certain tasks, it might suit their needs for their own task perfectly.
There’s no reason to gatekeep llms and lock them behind hardware requirements, it’s up to people to understand their limitations and what they are for.