If I gave a worker a pirated link to several books and scientific papers in the field, and asked them to synthesize an overview/summary of what they read and publish it, I’d get my ass sued. I have to buy the books and the scientific papers.
Well, if OpenAI knowingly used pirated work, that’s one thing. It seems pretty unlikely and certainly hasn’t been proven anywhere.
Of course, they could have done so unknowingly. For example, if John C Pirate published the transcripts of every movie since 1980 on his website, and OpenAI merely crawled his website (in the same way Google does), it’s hard to make the case that they’re really at fault any more than Google would be.