AI uses lossy compression of data to generate output that is potentially a copyright violation. Photoshop doesn't recommend a (mostly) straight reproduction of existing work, but an AI potentially does.
Neither does OpenAI? What about an empty chat prompt “encourages” copyright abuse?
When you ask for a picture of a cup of wine, you're reproducing an image of a cup of wine that was using in training. Or, more accurately, hundreds of images sort of averaged together.
You can't say this isn't the intention because this is literally the singular use of LLM. They don't do anything else. They don't change your oil. They reproduce input. Just because you don't know exactly what the input was originally (and you, in fact, cannot find out) does not mean that isn't what it's doing.