Earlier quoted context omitted.
No one is alleging copyright violations. The claim is that they violated OpenAI's terms of service. We don't know whether Google ever even agreed to those terms of service in the first place.
Are OpenAI saying they have adhered to the terms of service of all the content they have used?
Services are subject to terms of service. (If content is received through a service, the terms of service may govern use of it, but that’s not a feature of the content, but the acquisition route.)