OpenAI is training on copyrighted data without a licence. I would argue copyright law has much stronger legal standing than some ToS.
Now OpenAI is arguing their training is fair use, but that has certainly not been legally established so far and could just as much be used as a defence against ToS violation.
So in short yes OpenAI is pretty much doing the same thing.
Now OpenAI is arguing their training is fair use, but that has certainly not been legally established so far and could just as much be used as a defence against ToS violation.
So in short yes OpenAI is pretty much doing the same thing.