Frontier model trainers stole almost all the data they've trained on (the whole internet, all copyrighted).
It's very hard for them to claim the moral high ground here.
It's like stealing an apple from the British Colonial Empire.
You'd be shocked at some of the punishments handed out from various empires over history for offences as minor as stealing an apple. Whether they can claim the moral high ground is not question of ethics but a question of power.
Having the moral high ground matters less than having a big warchest of money to spend on lawyers.