Earlier quoted context omitted.
Is there an open license or ToS that would disallow OpenAI access?
Apparently openai and the rest of defendants claim that if it’s on the internet it’s “fair use”. Meaning they’ll do all they can tk steal your work regardless of licensing or robots.txt rules.
It's a lot like saying, "if it's on Github, I can ignore your LICENSE file" or "if it's on DA I can ignore your CC-NC license." Both of these seem technically enforceable (if not expensive) so I'm not quite understanding what OpenAI is grounding their justification in.
It seems much more likely that OpenAI stands to make a lot of money by arguing that it's fair use and then back filling in an argument rather than making one from first principles.