Not the same when the people you infringe on can sue you into the dirt

Yes, they have. [1]

> Your data is your data. As of March 1, 2023, data sent to the OpenAI API is not used to train or improve OpenAI models (unless you explicitly opt in to share data with us).

[1]: https://platform.openai.com/docs/guides/your-data

Their terms of service say they won’t use the data for training, so it wouldn’t just be a PR disaster; it’d be a breach of contract. They’d be sued into oblivion.