Given that OpenAI doesn't care about training on copyrighted data, why is suddenly their ToU something anyone should care about?
On a more risk-strategy level there is the size of their legal team, general endowment, and supplier and political connections to consider.
Everyone is free to ignore their ToU, but I can understand why a company would avoid it...
Yes that's what should be said to OpenAI. Now they should not cry about their T&Cs not being respected when they never cared about others' copyrights.
It's like saying you can't use windows to develop an OS, or drive a Ford on the way to your job at Hyundai.