Don't get too hung up on the preciseness of the copy - the courts won't. I doubt that spitting out an existing article with a few adjectives changed would be considered transformative.
What's almost certainly going to happen is that the courts will decide the infringing party in that situation is the one who willfully caused the violation.
Since most users of LLMs are not using them to run around copyright and this copyright stuff is aggressively trained out of models or blocked whenever possible, the models themselves are still transformative works not intended to facilitate infringement.
