> you might not have permission to use the data

Isn't it fair use, like training data?

I think the issue is the ToU violation, not copyright.

Google Maps has commercial licenses to some of their data. Reusing that data without your own license can cause problems you might not like. This mostly applies in cases where it's provable that the data you used would've required a license that you do not have.

OpenStreetMap commmunity, for variety of reasons, avoids questionable or very novel approaches to intellectual property.

I guess that some may be calling it overdoing in direction opposite than Internet Archive did.

It is at least partially caused by fact that OpenStreetMap Foundation budget is laughably small.