Is has nothing to do with copyright.

I understand the applicable laws require intent. Since neither a human nor OpenAI knowingly performed these acts, it would seem very unlikely that anyone is going to be prosecuted here.

An AI model cannot currently be a criminal defendant.

So, no big criminal case, contrary to what some drama queens on here seem to wish for.

Willful blindness can satisfy the criminal intent requirement. Might be hard to prove, but it's possible.