I would say that GPT-3 and its successors have nothing to do with open source, and if OpenAI uses open source as a shield, then we are all doomed. I would distance myself and any open source projects from involvement in OpenAI court cases as far as possible. Yes, they have delivered some open source models, but not all of them. Their defense must revolve around fair use and purchased content if they use books and materials that were never freely available. It should be permissible to purchase a book or other materials once and use them for the training of an unlimited number of models without incurring licensing fees.