> It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

I am paying OpenAI. So they are producing these copyrighted works and giving them to me for their own commercial benefit. Normally that's illegal. But somehow not when you're just doing it en masse.

It's not legal or illegal. That hasn't been decided yet. Nothing like this has ever existed before, and it will take some time for the law to deal with it.