I have first hand knowledge of household name companies with billion euro IP who use OpenAI and Athropic products quite liberally. They have WAY more lawyers than I do and their sole job is to keep the IP safe. They wouldn't sign a deal with even a slightest whiff of the IP being used to train anything.
And if it happens, the penalty for breach of contract would have so many zeroes it'd be enough to buy a country.
It can be very hard to prove in court that your data was used for training
It very hard for a company to do anything without leaving some kind of paper trail behind that can be discovered in court. Not without crippling their own operations by simply refusing to digitise or write down anything.
Lots of companies filled with people working very hard to obscure their shady practices have been hoisted by their own internal docs. Just look at any major Uber, Google, Apple, Microsoft lawsuit. Do really think Anthropic and OpenAI are gonna be better at destroying their paper trail before the lawsuit starts?
corp usually have all sensitive stuff ttl deleted for this reasons.