When eg I snap a picture of my dog, that's not derived from anything. But I still get intellectual property rights for the photograph.
Aren’t they alleging these other companies directly entered into a contract and violated the terms, and in cases where question, answer pairs were obtained without such agreement, it was accomplished by outright wire fraud or theft?
Besides, the latter actually published and open-sourced its RL stack to make it reproducible, which would in fact make it more trustworthy than the models you are speculating were distilled.