If they open source it, everyone would know that they used fuck ton of pirated content to train their models
It's fine to advocate for a redefinition but be explicit about it.
The suspicion[0] is that OpenAI trained their models on a large text dump including libgen (in the so-called "books2").
If a person downloads a book from Library Genesis, they're a pirate; if OpenAI does it, so are they.
[0] https://twitter.com/theshawwn/status/1320282152689336320