That's not how it works, they were using gpt3 through an API.

Even if you fine-tune the model you still have to follow the terms and conditions of openai in order to use gpt3.

They do not just give you the gpt3 model so you can just use it willy-nilly they allow you to use the model through their server.

If you violate the terms and conditions they cut you off from using their model.

The model is proprietary they don't just give it away they just let you use it for a price.