If I am sending HTTP POST requests using own choice of software via the command line to some website, e.g., an OpenAI server, then I can save those requests on local storage. I can keep a record of what I have done. This history does not need to be saved by OpenAI and consequently end up being included in a document production when (not if) OpenAI is sued. But I cannot control what OpenAI does, that's their decision

For example, I save all the POST request bodies I send over the internet in the local forward proxy's log. I add logs to tarballs and compress with an algorithm that allows for searching the logs in the tarballs without decompressing them

It does not matter what "reason" or "excuse" or "explanation" anyone presents, technical or otherwise, for why OpenAi does what it does

The issue is what are the consequences