> Apple have deep enough pockets that they can actually sue OpenAI but I bet OpenAI are surprised they got caught.

Maybe? But more likely their 'surprise' will be that it's actually happened, because the people doing this kind of thing must surely know it's wrong and won't be telling their bosses, and/or their bosses definitely won't be passing that info up the chain. Just like movies, 'plausible deniability'.