OpenAI is not profitable, and to achieve what they have achieved they had to scrape basically the entire internet. I don't have a hard time believing that OpenAI could not exist if they had to respect copyright.

https://www.cnbc.com/2024/09/27/openai-sees-5-billion-loss-t...

technically open ai has respected copyright, except in the (few) instances they produce non-fair-use amounts of copyrighted material.

dmca does not cover scraping.