I'd bet that there are any number of submarine startups out there sitting on top of full downloads of Common Crawl, archive.org, etc. who are only too happy to let OpenAI be the first penguin off the iceberg.

If OpenAI survives all the legal challenges, they'll just click "Go" and be in business in weeks to months.

If OpenAI gets smacked down, they haven't lost much.

There are probably also some submarine operations that are already doing/have done the training. If OpenAI gets bankrupted for copyright violations, we'll just never hear from those.