Yes, the damage to the market of the original is a key factor in a fair use analysis. It makes you wonder why "Open"AI started getting into legal trouble only

Yes, the damage to the market of the original is a key factor in a fair use analysis. It makes you wonder why "Open"AI started getting into legal trouble only when they closed everything down and became a commercial project. When they were a research project, stepping on copyrights was a lot more acceptible (both socially and legally).