I wouldn't say they should. In some cases there is no other choice. Defense competition exists whether it's desirable or not. Pretending otherwise won't help to win a lawsuit.
They may say they have the best of intentions, but call me skeptical.
We disagree on this point.
America won't let China have defense technology that it doesn't get to use.
It has nothing to do with OpenAI, or any other company, nor artists, nor right from wrong. If OpenAI eats small children for breakfast, or feeds all the hungry in Africa, makes no difference whatsoever.
You can ignore that fact and stand on a mountain and shout about OpenAI being evil all day long.
But you're going to lose the lawsuit if you ignore the facts of reality. No matter how loud you cry about it.
1 single person in their basement would be thrown in jail for downloading the whole internet, but a company with “plans” is fine.