I think the appropriation, privatization, and monetization of "all human output" by a single (corporate) entity is at least shameless, probably wrong, and maybe outright disgraceful.
But I think OpenAI (or another similar entity) will succeed via the Sackler defense - OpenAI has too many victims for litigation to be feasible for the courts, so the courts must preemptively decide not to bother with compensating these victims.
The output is still there for anyone else to train on if they want.