Indeed they have a problem there. For that matter, I don't see how "OpenAI" could even try to legally enforce its terms against competitors training their mode

Indeed they have a problem there. For that matter, I don't see how "OpenAI" could even try to legally enforce its terms against competitors training their models using the output of "OpenAI" models… at least not without being laughed out of the court room at best or ending up having to pay enormously much more themselves at worst, given how "OpenAI" blatantly disregard any licenses on the content and data they use to train their models.