And a third thing: OpenAI's thuggish behavior. Threatening a researcher with reputational ruin and demanding one of their competitors be denied proper credit is unacceptable, and we know OpenAI did both (unless Buckmaster is simply lying. which I find unlikely).
>many have "Use this data to improve" setting on.
Quite irrelevant. We are talking about scientific misconduct, not IP law. It would be misconduct for OpenAI to publish without proper reference to prior art even if that prior art had been explicitly committed to the public domain 1,000 years ago.