The thing is, there are several cases where a jury found this exact thing to warrant damages.
But honestly, that is irrelevant. The situation here is that OpenAI is facing a TON of criticism for running roughshod over intellectual property rights. They are claiming that we should trust them, they are trying to do the right thing.
But in this case, they're dancing on the edge of right and wrong.
I don't mind when a sleazy company makes "MacDougals" to sell hamburgers. But it's not something to be proud of. And it's definitely not a company that I'd trust.