LAION and Common Crawl both scraped copyrighted images. From what I can tell (I'm not an expert in this domain at all), the main difference between those two and frontier labs is in how they stored and used the data. CC and LAION seem to be actually open (unlike "Open"AI) and are more centered around publicly sharing the data they scrape to support research and innovation.
OpenAI et al also stole everything from everyone. But then they raised billions of dollars from that data and sell back their LLM to people (again, among other things). They are also very much NOT open in any way, aside from sharing their benchmarks of new models.