If I grab something off GitHub, and the license there is GPL, but it was someone else's IP I do have some recourse and for my infraction. In the case of an LLM

If I grab something off GitHub, and the license there is GPL, but it was someone else's IP I do have some recourse and for my infraction. In the case of an LLM handing it to me can I sue MS or OpenAI for giving out that IP, or is it on me for not checking first? Is any of this covered in the TOS?