OpenAI has one asset: GPT.
>Commercial use does not automatically make the use copyright infringement, but it is an important deciding factor.
https://saltiellawgroup.com/2021/10/%E2%80%8B%E2%80%8Bcan-yo...
If it's an infringement when OpenAI does it, it would be an infringement when a company with 1/1000th the value did it.
LLM text and images aren't.