That’s annoying, but we live in a country with lots of annoying laws that we nonetheless abide by. In this case I guess OpenAI just didn’t want to risk losing a court battle.
I still think legal = moral is mistaken in general, and from a moral standpoint it’s bogus that OpenAI couldn’t replicate the movie Her. It would’ve been cool. But, people can feel however they want to feel about it, and my personal opinion is worth about two milkshakes. But it’s still strange to me that anyone has a problem with what they did.
So the overall argument isn't strange, you just disagree without having articulated exactly what biases you to disagree. It is moral disagreement ultimately.