I'm told that Microsoft and OpenAI have a partnership, but only a very few people at Microsoft have access to the source code and other information that OpenAI has. That means even Microsoft doesn't know the details of what is going on with ChatGPT.
I mean that it doesn't change the validity of their point. MS effectively gave the user something that MS might normally accuse them of stealing. The user didn't dictate that MS be large and have uncoordinated parts, nor that MS enter into any particular deals with particular terms with particular vendors. The user's relationship is with MS, and at MS's own deliberate and even aggressivily persued insistence.