This is basically the end of OpenAI hardware. This is by far worst than the Waymo vs. Uber lawsuit which killed the Uber self driving project. Also if you are a business using OpenAI models, I would highly suggest you do not because they are most likely looking at your code and IP.
Obviously they are looking at your IP and code. Anthropic trains on your data regardless of you opting out, I know that one for certain. There's no coincidence they "keep your data temporarily despite opting out" - because they wash it in legal loopholes. There is no opt out. These companies WILL steal your business. Only a matter of time before they are sued as well.
This is why companies are wanting the AWS hosted models because they trust AWS running of the same models more than the vendors themselves.