OpenAI and Google both scour the web for human-generated content. What Google cares about here is the learnings from OpenAI's proprietary RLHF dataset, for which they had to contract a large sum of human labelers. Finding a roundabout way to extract the value of a direct competitor's purpose-built, costly data feels meaningfully different from scraping the web in general as an input to a transformative use.
OpenAI and Google both scour the web for content, period. That content could be human generated or AI generated or a mix of the two. Neither company is respecting copyright or terms of service of every individual bit of data collected. Neither company cares how much effort was put into creating the data, whether humans were paid to do it, or whatever else. So there really isn't that much difference between the two.
It's like the guy who never brings anything to the potluck, but after everyone finishes eating, he boxes up the leftovers, and starts selling them out of a food cart.
That particular example doesn't seem all that great, as it gives the impression of not letting food go to waste.
Though sure, the guy could just give the food away, but shrug.
Yes, this latest instance with OpenAI outputs is shady, but I think it's in the same spirit as scraping news organizations for content which journalists were paid to write, and then showing portions of it directly in response to queries so people don't go directly to the news organization's pages, and it's in the same spirit as showing answers to query-questions that are excerpts from scraped pages which another organization paid to produce.
There we go again, its, one law for the unwashed plebs and the other for us.
Why do you think that I, after spending my time and effort to write my blog, own my content to a lesser extent that OpenAI does their? Such hypocracy.