I'm finding it amusing that everyone immediately assumes infringement, OpenAI is a company that will not be inviting lawsuits.

We can't assume any licensing behind closed doors, my guess is that OpenAI has an agreement with Getty, take a look at the licensing in this Observer piece, it's been licensed by Getty, this would indicate that Getty are happy with scraping.

https://www.theguardian.com/commentisfree/2022/aug/20/ai-art...

Besides, this is not infringement in principle, the AI has been trained to think that high-quality news images have watermarks.