Same with this crawling by bots (Google, Bing, Meta, OpenAI; doesn't matter). Jurisprudence on Google News and Google Cache seems to show citing is OK, if done in moderation. Remember: just because you can access (download) something on the internet (WWW or otherwise) does not mean you're allowed to watch, use, save it. That argument was lost during the battles of copyright infringement in the years of 2000s.
OpenAI isn't even citing in moderation. Its making a derivative work without citing (hence obscuring) it does.
The bottom line is this: ML which doesn't cite sources should be regarded as hostile: a blackbox, and a copyright infringement paradise.