Yet "distillation" which is essentially asking someone whose purpose is to answer questions is considered theft.
That has yet to be decided in court. At best it's a violation of the terms of service, but the only restitution for such a violation is termination of service and by then it's too late.
Remember: Distillation is literally just giving the AI a prompt and seeing what it spits out. If that were illegal, we'd all be guilty whenever we used AI.
Examining your competitors doing business is as old as business.
Not by the courts it's not.
I think it might be against the terms of service.