Even if it is against the terms of service of ChatGPT, what are they going to do about it? There are no legal judgments if AI output even is copyrightable, and no judgments if training on copyrightable material is fair use.

And OpenAI trained on a lot of copyright material, so they better think twice about opening that can of worms.

They only thing they can try to do, is limit the access of Google to ChatGPT's output, but good luck with that, if they want it to remain available to the general public.