IANAL but I would think so. Midjourney would be free to ban your account once it catches on, but I don’t think you’d be in any legal or civil jeopardy. Practically speaking, it’s feasible too. They run everything from Discord and the results of everyone’s queries (and the queries themselves) are visible to all.

That’s how Stability did the “theft”, by making an account and then scraping everything from the MJ Discord. They didn’t “infiltrate their database” like the article claims, they just scraped it clumsily enough that it turned into a DDoS. And the ban is pointless too because Stability can just make more accounts and continue scraping, as long as they don’t do anything obvious like use their work email address to sign up. Unless MJ stops publicly sharing all generated images they are up shit creek.