That OpenAI was in the wrong when they ignored everyone copyright, does not make it right to ignore their ToU. If a one wants IP and rule of law (incl contracts) to be respected, one should not violate others rights when it is convenient.
On a more risk-strategy level there is the size of their legal team, general endowment, and supplier and political connections to consider.
Everyone is free to ignore their ToU, but I can understand why a company would avoid it...
That OpenAI was in the wrong when they ignored everyone copyright, does not make it right to ignore their ToU. If a one wants IP and rule of law (incl contracts) to be respected, one should not violate others rights when it is convenient.
On a more risk-strategy level there is the size of their legal team, general endowment, and supplier and political connections to consider.
Everyone is free to ignore their ToU, but I can understand why a company would avoid it...